General Terms of Sale for Sellers
Artmajeur.com is a marketplace (Marketplace) published by SARL ARTMAJEUR with a capital of €100,000, Montpellier RCS: 513 318 113, head office: 1870 boulevard de la liberté, 34830 Clapiers, France, telephone: +33 (0)950959966, E-mail: [email protected], intra-community VAT number: FR 5513318113
Artmajeur publishes on https://www.artmajeur.com (hereinafter the “Site”), a marketplace (hereinafter Marketplace) allow major Sellers, after registering on the Site, to enter into contact via Artmajeur with Buyers registered on the Site to buy original works of art, works in limited series , art reproductions and licenses for the use of image rights offered at a fixed price (hereinafter the “Products”).
This Site is accessible to all buyers under the URL https://www.artmajeur.com (hereinafter “Artmajeur.com”).
It is recalled that Artmajeur in its capacity as host acts as a simple intermediary and is in no way a reseller of the Products offered by the Sellers within the platform.
The majority of Products are shipped and delivered to Buyers by Sellers, under their sole responsibility. Some Products are shipped by Artmajeur.
1.1 Acceptance and modification of the general conditions of use
The General Terms and Conditions of Use of the Marketplace (hereinafter the “T&Cs”) are intended to define the conditions of access and use.
Any use of the Site implies prior, express and unreserved acceptance by the Seller of the T&Cs. The seller is informed and acknowledges that by clicking, when creating his customer account, on the “Register” box preceded by the words “By clicking on Register, you accept the General Conditions of Use”, he is bound by all the provisions of the T&Cs.
Ticking the above box will be deemed to have the same value as a handwritten signature from the Seller. The Seller recognizes the proof value of Artmajeur's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Sales made via the Site between Buyers and Sellers are governed by the General Conditions of Sale (hereinafter the “GTC”), which must also be accepted by the buyer at each order confirmation. The T&Cs supplementing the Seller T&Cs.
Artmajeur reserves the right, at any time, to refuse access to the Marketplace, unilaterally and without prior notification, to any Seller who does not comply with these T&Cs.
Artmajeur undertakes to inform the Seller of the site of these modifications by e-mail or by means of a special notice displayed on its Seller account.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Seller.
Acceptance of these general conditions assumes on the part of the Sellers that they have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are unable , of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal person.
1.2 Description of the Marketplace service
Transactions carried out on the Artmajeur Marketplace are carried out directly between the Buyer and the Seller. Artmajeur is in no way a reseller of the products offered by the Sellers through the site. Products purchased via the site cannot be taken back or exchanged by Artmajeur.
Artmajeur reserves the right, at any time, to temporarily or permanently refuse access to the Seller to the Marketplace, to any Seller who does not comply with these T&Cs.
1.3.1 Terms and conditions of access to the platform
The site is accessible free of charge to any Seller at the address "https://www.artmajeur.com", and there is no obligation to purchase. Artmajeur offers Services to Sellers available for payment of a monthly or annual subscription. The use of these services is not mandatory to sell.
The Seller is solely responsible for the proper functioning of its computer equipment and its access to the Internet.
Access to the site is free. However, to benefit from certain Services, the Seller may take out a monthly or annual Subscription like "Professional Website" or "Platinum Account". The services are described at the time of the order and may concern the provision of additional functionality, the protection of works, or promotion. The services do not in any way constitute a guarantee to sell a particular number of works.
Choosing a Subscription
To order a subscription, the Seller must complete the form provided for this purpose on the Site. Similarly, if the artist wishes to create a website, Artmajeur provides the Seller with a set of Services allowing the Seller to create his own website in order to present his Products. These Services include the reservation of a domain name, the creation of a dedicated e-mail address and the provision of website creation tools. This Service does not include the creation of the website itself. This service is available for a monthly or annual subscription.
Domain name option
Seller may purchase one or several domain names to be used with their "Platinum account", or with their Professionnal Website. Domain names are not available as a standalone service: shall the corresponding "Platinum account" or "Professionnal Website" expires, or be cancelled, the domain name options associated will also be suspended.
Email forwarding associated with a domain name
The website service includes an email forwarding associated with the domain name (eg [email protected]), which redirects messages received to the main email address of the account. Any configuration of previous mail servers linked to the domain name will not be kept during its transfer to Artmajeur. Artmajeur cannot be held responsible for the loss of messages, loss of access or any other problem resulting from the transfer of a domain to our platform.
Confirmation of choice
As part of the subscription to a Subscription, the Seller must provide their billing information. The Seller will then have the option of checking the Subscription chosen, as well as its possible price. If his order suits him, he can validate it by clicking on the button provided for this purpose on the Site.
Payment by the Seller
Once the order has been validated, the Sellers will be invited to make their payment by being invited to connect to the secure payment interface containing the words "order with payment obligation" or any similar formula.
Confirmation of subscription by Artmajeur
Once the payment has actually been received by Artmajeur, the latter undertakes to acknowledge receipt to the Seller electronically, within a maximum period of 24 hours. Within the same period, Artmajeur undertakes to send the Seller an e-mail summarizing the order and confirming the processing, containing all the information relating thereto.
Duration of the Subscription
The Subscription takes effect from the receipt by Artmajeur of the corresponding payment from the Seller.
The Subscription is concluded for an indefinite period. It may be terminated at any time by the Seller without this termination entitling the Seller to any reimbursement. The right of withdrawal does not apply to contracts for the supply of services fully executed before the end of the withdrawal period or whose execution has begun after the Artist's express prior agreement and express waiver of his right of withdrawal.
Early termination of the Subscription by Artmajeur
In the event of the Seller's breach of any of the stipulations of these general conditions, Artmajeur may terminate the Subscription as of right and without the intervention of a judge. The termination of the Subscription at the fault of the Seller is without prejudice to any damages that Artmajeur.com could claim as a result of the Seller's breach.
To sell on Artmajeur, the Seller must be:
- Either an adult natural person with the capacity to contract
- Or a legal person. In this case the person representing it must mention his identity, his company name, his identification number, his telephone and his e-mail address.
Access to the Site is subject to strictly personal use by the Seller.
Creation of a Personal Account:
To sell products on the Site, the Seller must create a personal account (hereinafter the “Account”). This Account allows the user to:
- manage personal information (contact details, e-mail address, password)
access the social functions of the Site (comments, creation of collections, sharing on social networks, messaging, etc.)
- make an order simulation (calculation of delivery costs and the total amount of the Order)
- access their invoices and order information (order tracking number)
- sell Products on the site
- contact Artmajeur customer service
In order to ensure Sellers' compliance with anti-corruption legislation and to verify their probity and integrity, in particular to prevent identity theft, tax evasion, money laundering and the financing of terrorism, Artmajeur asks the Sellers to register a certain amount of data in order to receive payment for the sale from the Sellers. This is mandatory for transactions over €50 or equivalent in another currency, and may be requested from the first win, depending on the country of the seller.
The documents requested during the verification may be: Identity card, Passport, Driver's license.
The Seller can create an Account by clicking on the “Register” button located at the top right of the Site navigation bar.
To create his Account, the Seller must provide a valid email address and a password. He undertakes to keep his password confidential (the Seller being solely responsible for access to his account using his username and password).
The Seller undertakes to provide only accurate, complete and up-to-date information and not to usurp the identity of a third party. In the event of a change or modification, the Seller must inform Artmajeur without delay via the messaging tool at its disposal.
In the event of loss, misappropriation or fraudulent use of your username and/or password, the Seller undertakes to immediately inform customer service.
The Seller must also comply with the following rules:
- not to harass other users of the Site, not to make slanderous, defamatory, homophobic or racist comments on the Site, and not to make comments that contravene the legal texts or French regulations in force, the rights of persons, order public and of good character.
- not to obtain information about other users either manually or automatically. It is also forbidden to access the personal account of another participant.
- not to denigrate, defame, disseminate confidential information or information reserved for members, or more generally post on any medium (including forums, social networks, review sites, or any other website), any information or comments likely to harm the image of the platform or its members.
Deletion of the Personal Account:
The user can permanently delete his Account and all his data at any time from the settings section of his account.
Artmajeur reserves the right, at any time, to refuse access to the Marketplace, and to delete unilaterally and without prior notification, any Seller who does not comply with these T&Cs in particular, and without this list being exhaustive, by case of false, inaccurate, incomplete or outdated information mentioned by the Seller or in the event of payment fraud, attempted fraud or any other criminal offence.
Seller Rating by Buyer
Buyers are offered the opportunity to contribute to the content of the Site by posting comments on their use of the Products and their relationship with the Seller in order to evaluate the transaction. Comments will be subject to validation by Artmajeur.com or its team of moderators.
By clicking on the "Validate" tab, in order to publish his comment, the buyer grants a non-exclusive copyright license free of charge to Artmajeur relating to said comment. As such, the Buyer or Seller authorizes Artmajeur to communicate to the public online, in whole or in part, their comments on the Site, Artmajeur's newsletters and the sites of Artmajeur's partners. The Seller and the Buyer authorize Artmajeur to reproduce its comment for the purpose of communicating it to the public online and to produce communication and promotional materials for the Site. The Seller and the Buyer authorize Artmajeur to translate their comments into any language for the purpose of communicating them to the public online and to reproduce them on their commercial and promotional materials. The right to adaptation also includes the right to make the changes technically necessary for the exploitation of the commentary in other formats. This license is granted for permanent use.
Artmajeur cannot guarantee that the Site works in any operating environment and that it is usable at any time, without any interruption or error, nor that all these errors can be corrected.
As the Site is constantly evolving, it may be subject to temporary or permanent modifications and interruptions without notice. Artmajeur cannot be held liable in the event of unavailability of the Marketplace due to these modifications and/or interruptions. Artmajeur reserves the right to temporarily interrupt or modify access to all or part of the Site without notice, in particular to ensure its maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.
1.3.2 Partner Program
Artmajeur offers a sponsorship service, and remunerates the "Sponsors" partners who participate in the recruitment of sellers. Sponsors can promote the services of Artmajeur to their audience, customers, friends. The salespeople thus recruited must absolutely know their sponsor, and be able to identify him without ambiguity. The use of illegal promotional strategies or means (SPAM, hidden advertisements), or those aimed at diverting the audience and the natural traffic of the platform are strictly prohibited. Participation in the referral service is at the express discretion of our team and may be revoked at any time, without giving rise to any justification or compensation of any kind, including commissions already received. I'
1.4 Obligations related to transactions carried out through Artmajeur
The Seller must undertake to sell, to identify himself as acting as a professional Seller when he sells Products through the Artmajeur Site.
The Seller undertakes to comply with the legislation in force in his country with regard to the exercise of commercial activity (registration, tax, social and accounting obligations).
The Seller undertakes to satisfy the Buyer in the best possible way. For this it implements all the means at its disposal to offer the buyer a quality service. The Seller will respond both to E-mails from the Site's customer service (hereinafter “the Support”) and to messages from Buyers within a maximum of 2 working days after receipt of the message.
Communication with Support can be in French or English. If the message you received is established in another language, do not hesitate to contact Support for assistance.
Discussions with Support are strictly confidential. The Seller undertakes not to disclose to third parties the exchanges he may have had with the Support.
The contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of Artmajeur or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be likely to give give rise to legal proceedings for infringement.
The Seller undertakes contractually with regard to Artmajeur not to use, reproduce or represent, in any way whatsoever, the contents of the Site, whether or not they are protected by an intellectual property right, to another end than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
1.4.1 Obligations concerning the product offer presented by the Seller
The Seller declares that he has received from Artmajeur all useful explanations and details that may enable him to use the Services covered by this contract.
The Seller acknowledges that his needs and the Services offered by Artmajeur are appropriate and that he has subscribed to the contract knowingly and having all the necessary information allowing him to produce free and informed consent.
If necessary, the Seller undertakes to provide Artmajeur with all the elements for the performance of the Services. Similarly, the Seller undertakes to inform Artmajeur of any circumstances likely to affect the performance of this contract as soon as it becomes aware of them.
The Seller declares that he will only sell Products of his own creation and/or that he has the necessary rights and authorizations for this purpose. Where applicable, the Seller declares that it has carried out all the necessary steps beforehand, such as requests for authorizations, licenses and administrative declarations. In particular, when the Seller is not the original holder of the intellectual property rights to the Products, he declares that he has duly acquired them. The Seller is prohibited in this respect in particular from selling any Product consisting of counterfeit Products within the meaning of the Intellectual Property Code.
The Seller guarantees Artmajeur against any action taken against it in the event of a lack of such declarations and authorizations. The Seller is solely responsible for the sale of the Products it offers on the Site.
The Seller undertakes to use the site only for its own needs and for the sole purposes referred to in this contract.
Any illegal or generally unauthorized use of the Services will result in the immediate termination of the Seller's account, notwithstanding Artmajeur any possibility of legal action, in particular a claim for damages.
Thus, the Seller undertakes in particular, without this list being exhaustive, not to exhibit Products or not to publish an Offer that may:
- undermine public order, morality or which may offend the sensibilities of minors;
- infringe in any way the rights to reputation, privacy, rights or image of a third party;
- be denigrating, defamatory, damage the image, reputation of a brand or any natural or legal person, in any way whatsoever;
- present pornographic or pedophile works;
- undermine the security or integrity of any state or territory;
- infringe the intellectual property rights of any person;
- incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, glorify war crimes or crimes against humanity;
- incite to commit a crime, an offense or an act of terrorism;
- incite discrimination against a person or a group of people because of their ethnicity, religion, race, or because of their sexual orientation or disability.
- not to present stolen objects; medicines or drugs of any kind; weapons, weapons of war and ammunition; live animals and alcoholic beverages.
Any processing, transmission, publication, distribution or representation of the Products by the Seller is carried out under its sole and entire responsibility. The Seller undertakes not to hinder or disrupt the Site and Artmajeur's servers and to comply with the required conditions, procedures and general rules communicated to it by Artmajeur for the publication of the Products.
Any illegal or generally unauthorized use of the Site will result in the immediate deletion of the Seller's account, without prejudice to any damages that Artmajeur may claim.
The Seller therefore guarantees Artmajeur against any damage that may be caused to it as a result of its use of the Site, including any legal and procedural costs, and undertakes in this respect to intervene in any legal proceedings brought to against him because of his use of the Site.
The sale of a Product is open to any Seller holding the required rights to the Product subject of the advertisement (hereinafter “Offer”) published. Sellers are prohibited from publishing several Offers aimed at the sale or rental of the same Product. Tenders must be written in correct and understandable language. They must comply with the legal provisions in force and must be free of any discriminatory criteria as to the quality of the potential co-contractor.
Sellers will be able to download photographs relating to the Product subject to the Offer. The number of photographs is limited to 4 photos and one video per Product. Uploaded photographs must be in jpg format, with a maximum size not exceeding 25 megabytes and a minimum quality of 1500 pixels per side. The Seller guarantees to Artmajeur that he has the rights, in particular intellectual property, relating to these illustrations, which allow him to use them in order to present the works.
During the publication of the Offer, the Seller will have, via his personal space, the option to modify the descriptive sheet of the Offer. These modifications will be possible throughout the publication of the Offer. The Seller must enter the essential data of the Product, in particular:
- Its price if it is for sale;
- The name of its author;
- Its characteristics (in particular: size, weight, technique, materials, etc.);
- A full description;
- Any delivery costs;
- The representative photos of the product
- The status of the Product for sale or not;
- The country of dispatch of the Product.
The Seller acknowledges that the publication of its Offer on the Site automatically and without the intervention of Artmajeur results in the publication of said Offer on partner and affiliate sites.
Artmajeur in no way guarantees the accuracy of the data contained in the Offers. It is the responsibility of any Buyer interested in the Offer to ensure the accuracy of all this data prior to any effective transaction. Similarly, Artmajeur in no way guarantees Sellers the effective sale or rental of the Products covered by the Offer.
The Seller is solely responsible for its stocks and agrees to Artmajeur that the Products offered for sale on the Site are indeed available for sale.
Furthermore, the Seller undertakes to notify Artmajeur without delay of any recall or withdrawal of Products of which it is at the initiative or of which it becomes aware.
1.4.2 Obligations concerning the price of the products
The Seller freely defines the sale price of the Products that it puts up for sale on the site in compliance with the laws and regulations in force.
This price must be mentioned on the Site including all taxes and costs (in particular VAT, packaging costs, etc.), but excluding delivery costs, Artmajeur adding these costs to the price of the order when the Buyer validates his order.
Delivery costs are calculated on the basis of the dimensions and weight of the work mentioned by the artist. In the event of a difference between the dimensions and the weight mentioned by the Seller and the actual one observed by the carrier, the additional cost of transport will be entirely borne by the Seller.
guarantee The seller guarantees customers that the prices offered on Artmajeur are the most competitive on the market. If the seller markets his works outside Artmajeur, he undertakes not to offer them at a price lower than the prices he has defined on Artmajeur.
1.4.2.b Guarantee of updating and availability
The seller undertakes to regularly update its prices on its account, so that customers can access its recent prices. The seller undertakes to check the availability of his works regularly. In the event of a sale of one of his works outside Artmajeur, the seller undertakes in particular to inform Artmajeur's customers by updating the availability of this work on his gallery as soon as possible, and at the latest under 48h.
1.4.2.c Price of printed products and licenses
By publishing an original work, the Seller also has the possibility of selling art reproductions and licenses for the use of the image of his works. He engages his exclusive responsibility for this and guarantees to Artmajeur that he has all the necessary rights and authorizations on the products thus offered for sale.
For Art Prints, the Seller specifies the price he wishes to receive when selling a printed product in return for the transfer granted to Artmajeur. The seller receives 100% of the amount of royalties he has set for the sale.
For image licenses, in the event of the sale of a Digital Product reproducing a Work by an Artist, the latter will receive a fixed price corresponding to 70% of the price excluding taxes invoiced to the Customer.
In agreement with the seller, within the framework of negotiations or commercial operations, discounts may be granted by Artmajeur.
1.4.2.d Commercial discounts
In the context of sales negotiations, commercial discounts that may be granted by Artmajeur to Buyers are deducted from the price of the work and are entirely the responsibility of the Seller. This discount amount is set at a maximum of 30% of the price set by the Seller. The amount of the discount is automatically deducted from the amount paid to the Seller by Artmajeur.
1.4.3 Obligations concerning the sale of the Products
The contract for the sale of the Products offered by the Seller on Artmajeur is concluded between the Seller and the Buyer. The Seller undertakes to offer on Artmajeur only Products available for sale. In the event that the Product is no longer available, the Seller undertakes to remove the advertisement or to change the status of the Product in order to show that it is no longer available. The Seller is solely responsible in the event of the unavailability of a product over which it has sole control.
When a Seller receives an order, he is informed by email. All the information concerning this order is available on his Artmajeur account.
The Seller then has 2 days after receiving the information to confirm the order. The Seller undertakes to regularly consult his e-mails (at least once a day) at the address provided to Artmajeur when opening his account. In the event of a change of e-mail address, messages will be sent to the Seller's new e-mail address.
The order confirmation by the Seller entails the obligation to ship the work(s) within 3 working days. In the absence of a response from the Seller within the time limit, the order will be canceled automatically and the Seller's account mentioned as being “temporarily closed”.
When the Seller is absent for more than two days, or if he is unable to respond to orders, his account must be put in “temporary closure”.
The seller must honor all orders it receives for the Products it offers for sale. In the event of non-compliance, Artmajeur reserves the right to temporarily or permanently suspend the Seller's account.
Furthermore, the Seller is solely responsible for its ability to process orders, for any failure to ship, late delivery, any non-delivery or partial delivery, incorrect delivery, theft or error or action related to the management and delivery of the Products as well as the handling of any dispute in connection with the Offers published on the Site or on any Product.
1.4.4 Obligations concerning the delivery of products
Choice of delivery method
When configuring his shop, the Seller chooses whether he sends the packages himself with his own carrier, or whether he lets Artmajeur send the packages. If the seller sends the parcels himself, he must choose a PREMIUM carrier, with international tracking, insurance, delivery with signature, and who delivers as quickly as possible, the total duration of the transport can in no case exceed 30 days.
The Buyer may request that the delivery be provided by Artmajeur, even if the Seller has not configured the delivery by Artmajeur. In this case, the delivery costs will be paid to Artmajeur by the customer.
The seller must respect the delivery method offered by the Site and chosen by the Buyer.
Calculation of delivery
costs Delivery costs are calculated automatically by the site on the basis of information provided by the Seller. In case of erroneous information, the additional cost of delivery costs is the responsibility of the Seller.
For art prints, Artmajeur automatically calculates the delivery costs according to the support and the format chosen by the Buyer.
Payment of delivery
costs Delivery costs are included in the public price which is displayed next to the works and invoiced to the customer in the event of a sale. When delivery is provided by Artmajeur, the price of the shipment is advanced by Artmajeur. When the Seller sends the parcels himself, he must advance the delivery costs. The delivery costs that he has charged to the customer will be refunded to him when he receives payment for his sale.
Delivery Insurance Coverage
Deliveries must be insured for the value of the corresponding transaction. Delivery insurance covers lost, completely destroyed or badly damaged packages (gutted box, crushed tube, etc.). Works that arrive damaged while the package does not bear any signs of notorious mistreatment, apart from the marks associated with normal transport, are not covered by insurance. The Seller declares to have read, understood and fully accepted the terms of the transport insurance cover.
Commitment to the shipping date
When validating a sale, the Seller commits to the shipping date. We ask the sellers to take all possible measures to be able to ship the package within 2 working days, or to communicate a later shipment date, which cannot go beyond 2 months after the validation of the order. The Seller undertakes to make every effort to be able to send the package on the scheduled date and to notify Artmajeur of any delay or impediment. Otherwise, the order may be canceled by the Buyer.
Preparation of shipments
The Seller must attach to the package the documents available on his account during a sale: the sales invoice, the certificate of authenticity of the work and the commercial invoice (to be given to the carrier).
Responsibility for packaging
The Seller bears exclusive responsibility for packaging. The packaging proposed by the seller must meet the following characteristics:
- It must be carried out according to the instructions provided in the section: "MY ACCOUNT > SALES"
- It must be designed to withstand 2 transports: outward transport and possible return transport
- It must be simple enough to be able to be unpacked and re-packed by the customer
The seller is responsible for calculating the costs necessary to pack his works in complete safety, and for integrating their cost into the price of his works.
The Seller undertakes to pack the works ordered correctly, securely and seriously so as to prevent the products from being damaged during transport. The works travel at the expense and risk of the Seller.
The Seller has 2 days after receiving the information to confirm the order. The information transmitted by Artmajeur allows it to deliver the order.
The Seller undertakes to ship the work(s) within 3 working days of the order confirmation. If the shipping time should be longer, the Seller undertakes to mention it in the description of the product, to inform Artmajeur and the Buyer.
The Seller undertakes to respect towards the Buyer the legal guarantee of correct delivery (article 1604 of the Civil Code), the legal guarantee against hidden defects (article 1604 and following of the Civil Code) and the security guarantee (article 1386 -1 et seq. of the Civil Code) towards all Buyers.
Collection of parcels for shipment
When Artmajeur organizes the delivery, the Seller undertakes to be available for the collection of the parcel by the carrier. Otherwise, the Seller can bring the package himself to the depot of the carrier closest to his home. In case of impossibility to recover the package on multiple occasions due to the unavailability of the Seller, the order may be canceled.
If the Seller sends the parcel himself, he is responsible for delivering the parcel to the carrier he has chosen.
Commitment to tracking and delivery times
Artmajeur uses Express carriers who deliver on average in 7 days worldwide. If the Seller chooses to send the parcels himself, he undertakes to choose an equivalent carrier, which offers insurance for the value of the work, international tracking of the parcel, and which must imperatively deliver the customer in less than 30 days. Beyond this period, the customer can request a refund of his purchase.
The Seller undertakes to monitor the package daily and to contact its carrier to report or unblock any situation likely to delay delivery to the Buyer. The Seller undertakes to inform Artmajeur and the Buyer of any delay in delivery by its carrier as soon as it becomes aware of it.
Receipt of order
The follow-up of the order is ensured automatically for the shipments managed by Artmajeur, and delivered against signature of the Buyer. When the Seller sends the parcels himself, if his carrier cannot be automatically tracked, we will regularly send notifications to the customer to know if he has received the parcel. When the system detects the delivery, or when the customer declares having received the work, the transaction is updated, and the 14-day withdrawal period starts. In the event that the package appears as delivered according to the carrier's information, but the Buyer declares that he has not received the package, proof of delivery (signature) will be requested from the Seller. In the event that the Seller cannot provide proof of delivery, and the Buyer declares that he has received nothing,
Return Policy 14 days
Once he has received the work, the Buyer has 14 days to cancel the sale for any reason. It will then be fully refunded, including delivery costs.
When the customer requests the return of the work, Artmajeur makes every effort to negotiate with the customer, and find a solution so that he keeps the work. Artmajeur will inform the Seller of these negotiations. If the Buyer does not wish to keep the work, it will be returned to the Seller, and he will be reimbursed in full (including transport).
When returning a work, customs or VAT charges may be requested from the Seller by his country of residence. In this case, the customs fees will be payable by the Seller according to the procedures provided by the customs services of his country of residence. It is up to the Seller to organize himself to declare the export of a work and to file a complaint to be reimbursed for any customs fees requested during a return. If the work is blocked at customs following the Seller's refusal to pay customs fees, the package will be considered received by the Seller, and the customer will be refunded.
Eligibility for Artmajeur
's return policy Artmajeur's return policy applies to shipments managed by Artmajeur. Artmajeur then pays the return costs, except in the following cases:
- The work arrived damaged (the Seller is responsible for providing perfectly secure packaging which must withstand the vagaries of transport)
- The work does not correspond to the description (the Seller is responsible for the description, contractual details, and photos of the work)
Shipments managed by the Seller himself with his own carrier are not eligible for Artmajeur's return policy and are entirely the responsibility of the Seller.
Payment of return costs
- If the return is eligible for Artmajeur's return policy, the return costs will be paid by Artmajeur
- If the package was sent by the Seller, the return costs will be paid by the Seller. The Seller will then have the choice of providing their own return shipping label, or ordering a return shipping label from Artmajeur. In the event that the Seller does not wish the return of the work, he may decide to offer it to the Buyer, or else request its destruction.
When the customer requests the return of a work, the Seller has 2 working days to respond. Without a response from the Seller within a reasonable time not exceeding 7 days, the transaction will be cancelled. The customer will then be refunded in full, and he will be able to dispose of the work as he wishes.
Shipping from a third country, different from the billing address
The works are supposed to be sent from the Seller's country of residence. Shipping costs and customs information are given to the customer according to the country of residence of the Seller, as defined by him on his account. In the event that the Seller ships the work from a country other than his country of residence, he is then responsible for justifying any import duties in the country of final destination. In this case, the Seller is responsible for any additional costs that may arise in connection with transport or customs charges when importing the works into the Buyer's country. For example, if a seller in Russia ships an artwork to a customer in Spain, but the package is shipped from Germany, the package will not be taxed by customs upon delivery to Spain. The Seller is therefore obliged to provide the Buyer with an import certificate, or a document justifying the payment of import duties in Europe.
1.4.5 Obligation regarding product disputes
The Seller undertakes to respect the legal guarantee of conformity vis-à-vis consumer Buyers (article L. 211-1 et s. Consumer Code).
The Seller undertakes at any time to respond to a request from the Buyer within a maximum period of 24 working hours by using the tools made available to it for this purpose by Artmajeur on the Site. If applicable, the Seller bears the cost of returning the Product.
The buyer has the option of contacting the Seller at any time via the site's messaging system.
In the event of a complaint from a Buyer, the dispute will be settled directly between the Buyer and the Seller using the messaging tool offered by the Site. The Seller shall resolve amicably all disputes opposing it to the Buyer. However, if the dispute is not resolved within 7 working days of receipt of the information, Artmajeur, after having informed the Seller, may reimburse the Product to the Buyer. This amount is then deducted from the amount paid to the Seller by Artmajeur.
In the event that the Buyer uses his right of withdrawal, Artmajeur in its capacity as a trusted third party, will reimburse all sums paid (including delivery costs) by the Buyer as soon as possible and at the latest. within fourteen days of the date on which this right was exercised (provided that the products are all well received in their original condition and packaging by the seller). Where applicable, Artmajeur may defer reimbursement until the Products are recovered by the Seller or until the Buyer has provided proof of shipment and receipt of the Products by the Seller, whichever is earlier. .
Where applicable, Artmajeur reimburses the Buyer using the same means of payment as that used by the Buyer for the initial transaction. The direct costs of returning the Product are the responsibility of the Buyer.
The Buyer's liability is only engaged with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
Artmajeur reserves the right to temporarily or permanently suspend the Seller's account in the event that the Seller fails to comply with its obligations.
1.4.6 Type of products accepted
The seller is free to offer products on the marketplace as long as they meet one of the following characteristics:
- The product is an original work of art
- The product is a limited edition work of art
- The product is an original creation of the "Design" type which demonstrates an artistic interest, as well as a utilitarian one, and which is produced in a non-industrial way
NB: Any other type of product is not accepted on the platform and may subject to removal without notice by the editorial team. The editorial team can also delete any product whose artistic interest is not sufficiently demonstrated for our audience.
The seller undertakes to describe the product sold without ambiguity, so that buyers are duly informed of the nature of the works they purchase.
1.5 Financial conditions
Products sold by the Seller
For each Product order received by the Seller, Artmajeur will receive from the Seller a commission of an amount defined in the “Sales Commissions” paragraph, plus shipping and VAT.
The sales commission applies to the entire order (price of the work + shipping costs and any other costs). For example, for a seller subject to a sales commission of 10% (excluding VAT): For a painting sold for €1000, shipping costs included, the rate of 10% (excluding VAT) will be applied to the order, i.e. 1000 €x10% = €100 sales commission.
VAT on sales commissions
If the seller resides in a EEC country, the VAT of the country of residence is applied to the commission. For example, for France, the VAT is 20%. For a French seller subject to a sales commission of 10% excluding tax, the sales commission including VAT will be 10% x 1.2 = 12%. For a painting sold for 1000€ including postage, the sales commission will therefore be 1000x12% = 120€VAT included.
terms Artmajeur will pay the Seller the total amount of the order minus the commission after confirmation of receipt of the order by the Buyer and once the withdrawal period has passed. Payment will be made to the Seller's bank account mentioned in his account.
When the Buyer has not confirmed receipt of the Product and if the Seller has not received a dispute within the time allowed for the Buyer to make the complaint, and no other information is available from the delivery person or customs services, then the product will be considered received 45 days from the actual shipment date.
When the Buyer has confirmed that he has not received the work, and the seller is unable to produce proof of delivery, or the tracking status provided by the delivery person shows no progress for more than 30 days, the package will be considered lost, and the buyer will be refunded.
The commission remains acquired by Artmajeur in the event of cancellation of an order at the Seller's initiative when it is abusive or repeated. Artmajeur reserves the right to suspend payment of sales to the Buyer in the event that the Seller fails to fulfill its obligations.
Payment to the Seller may be requested at any time after the 14-day withdrawal period has passed. Payment is made by transfer to the Seller's bank account mentioned in his Artmajeur account 48 working hours after the request. The request is made from the Seller's sales account. Other payment methods may also be used in certain countries, in agreement with the seller.
By publishing a Work, the Seller specifies the price he wishes to receive when selling a Printed Product in return for the transfer granted to Artmajeur. During a sale, the Seller receives 100% of the price he mentioned on his account (hereinafter “Royalties”).
Artmajeur takes care of printing, logistics and shipping worldwide.
For example: The Seller mentioned that he wanted to receive 10€ for an A4 format. An art print on paper sold for €29 (excluding VAT), the artist will receive €10 on the sale.
Artmajeur will pay the Seller the total amount of the royalties upon request 30 days after the order has been dispatched to the Customer, as soon as the amount exceeds €10. The withdrawal period does not apply to the supply of Products made to the Buyer's specifications or clearly personalized after the Buyer's express prior agreement and express waiver of his right of withdrawal. Art prints falling into this category. However, in the event that the image uploaded by the Seller cannot be used for printing for reasons of quality, apparent brand or any other problem related to the image and justifying the request for cancellation by the Buyer , Artmajeur may reimburse the Buyer without the Seller receiving any royalties.
The Seller may order his own art prints of his own Products at the supplier price. In this case, the amount of Royalties set by the Seller is automatically deducted from his order.
In the event of the sale of a Digital Product reproducing a Product of the Seller, the latter will receive a fixed price corresponding to 70% of the price excluding taxes invoiced to the Customer.
Artmajeur will pay the Seller the total amount of the order less the commission after confirmation of receipt of the order by the Buyer at the Seller's request as soon as the amount exceeds €10. The withdrawal period does not apply to the supply of digital content not provided on a material medium, the execution of which has begun after the Buyer's express prior agreement and express waiver of his right of withdrawal.
When validating the order of digital content independent of any material medium before the expiry of the withdrawal period, the Buyer's waiver of the right of withdrawal will be manifested by ticking the box corresponding to the following sentence : "I expressly waive my 14-day right of withdrawal for the Products delivered".
For each sale of an original work, Artmajeur will receive a commission of 15% for "Gallery" type accounts, 30% for accounts benefiting from the Platinum service at the time of the sale, and 35% for all other types of accounts. For sellers residing in the European Union, the VAT of their country applies to their sales commission, it will be collected in addition, and will be automatically transferred to their country of residence.
Referral commissions appear on the MY ACCOUNT > SPONSORSHIP section. They are remunerated from 5 to 10€ per sponsored customer. The referrer can request payment when the cumulative amount of his commissions reaches €10. Commissions are paid exclusively by PAYPAL; All referral commissions may be revoked, at our team's sole discretion, including for breach of terms and conditions.
1.6 Suspension and Termination
These Terms are concluded for an indefinite period. Each party may at any time without the need for any justification terminate the T&Cs by giving one month's notice.
Artmajeur reserves the right to suspend a Seller temporarily or permanently, in the event that the Seller does not respect its obligations, after sending a notification to the main email address indicated on its account.
Artmajeur reserves the right to permanently suspend the contract in the event that the Seller fails to comply with its obligations or for serious misconduct, without any notice and without the Seller being able to claim any compensation.
The Seller may at any time delete his Account and all his data from the settings section of his Account.
1.7 Complaints and handling of disputes
These T&Cs are subject to the application of French law.
These T&Cs may be modified at any time by Artmajeur. The general conditions applicable to the Sellers are those in force on the day of their order or their connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
For any complaints, please contact customer service at the following address: https://support.artmajeur.com
Under Order No. 2015-1033 of August 20, 2015, all disputes that may arise in connection with execution of these general conditions and whose solution could not be found beforehand amicably between the parties must be submitted to Medicys: www.medicys.fr
Any dispute relating to this contract or in connection with it will be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitrator.com
The European Commission makes available to consumers of the European Union an online dispute resolution platform. Consumers can make a complaint: https://ec.europa.eu/consumers/odr/main/index.cfm
1.8 Personal data
The Artmajeur file containing the personal data of the Sellers has been declared to the CNIL registered under the number 1421585
The Sellers have the free option of providing personal information concerning them. The provision of personal information is not essential for navigation on the Site.
On the other hand, registration on this Site presupposes the collection by Artmajeur of a certain amount of personal information concerning the Sellers. Sellers who do not wish to provide the information necessary for registration will not be able to sell on this Site.
The personal data collected is subject to computer processing and is exclusively reserved for Artmajeur. The data collected is necessary for the proper administration of the Site, as well as for the respect of its contractual obligations by Artmajeur. These data are kept by Artmajeur in this sole capacity. Artmajeur undertakes not to use them in any other context or to transmit them to third parties, except with the express agreement of the Seller or in cases provided for by law. The personal data collected is not subject to any transfer abroad.
The contact details of all Internet users registered on this Site are saved for a reasonable period necessary for the proper administration of the Site and normal use of the data. These data are kept under secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.
In accordance with the latter, Internet users have a right of opposition, interrogation, access and rectification of the data they have provided. To do this, they just need to make a request to Artmajeur, by sending it by e-mail or by post to the address of Artmajeur's head office mentioned in the preamble to these general conditions.
Cookies and IP addresses of the Sellers
In order to allow all Internet users an optimal navigation on this Site as well as a better functioning of the various interfaces and applications, Artmajeur may proceed to the implementation of a cookie on the computer station of the Internet user.
Cookies make it possible to store information relating to navigation on the Site (date, page, hours), as well as any data entered by Internet users during their visit (searches, login, e-mail, password) . These cookies are intended to be kept on the Internet user's computer for a variable period of up to 13 months, and may be read and used by Artmajeur during a subsequent visit by the Seller to this Site.
The Seller has the option of blocking, modifying the retention period, or deleting these cookies via their browser interface (generally: tools or options / privacy or confidentiality). In such a case, navigation on this Site will not be optimized. If the systematic disabling of cookies on the Seller's browser prevents him from using certain Services, this malfunction can in no way constitute damage for the Seller, who cannot claim any compensation for this fact.
Internet users also have the possibility of deleting the cookies installed on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action causes Internet users to lose the benefit provided by cookies.
Collection of IP addresses
The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network. Artmajeur reserves the right to collect the public IP address of all Internet users. The collection of this IP address will be done anonymously. The IP address of Internet users will be kept for the period required by law.
Artmajeur must communicate all personal data relating to an Internet user to the Police upon judicial requisition or to any person upon judicial decision. The IP address may be reconciled with the actual identity of the Internet user in the event of communication of this information by an Internet service provider.
Collection of payment information
The payment service provider collects certain data, in particular for the purpose of:
- Verify customer identity
- Verify transactions using a tracking system that calculates and assesses risk and verifies the origin of capital
- Check if a natural person has the necessary authorizations to carry out the transaction
The data allowing the security of the transactions are kept according to the legal duration which is generally 5 years. You can request to consult your data at any time from the following page: https://support.adyen.com/hc/en-us
1.9 Intellectual Property
1.9.1. Legal protection of the contents of the Site
The contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of Artmajeur.com or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable give rise to legal proceedings for infringement.
1.9.2. Contractual protection of Site Content
The Internet user undertakes contractually with regard to Artmajeur.com not to use, reproduce or represent, in any way whatsoever, the contents of the Site, whether or not they are protected by intellectual property rights. , for a purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
1.9.3. Intellectual Property of Works
The Seller assigns to Artmajeur, on a non-exclusive basis and free of charge, all exploitation rights over the images of the Products (hereinafter the “Works”).
Duration of the transfer
The transfer is granted by the Seller to Artmajeur as soon as the Work is transmitted within the framework of the use of the Site. The transmission will therefore entail submission of the Product under the terms of this assignment.
The assignment is granted by the Seller to Artmajeur for the entire duration of the literary and artistic property. The duration of literary and artistic property should be understood to mean the duration provided for by the Intellectual Property Code and foreign laws and all extensions or extensions of this duration by an international convention, a European directive, a French law or foreign.
Geographical scope of the sale
This transfer is granted for the whole world and for all languages and for all modes of operation provided for in these general conditions.
Destination of the Work
The Work is intended for civil and commercial use.
Assignment of the reproduction right
The assignment of the reproduction right includes:
- the right to reproduce the Work by all electronic and mechanical processes known or unknown to date, in particular optical, magnetic and digital, with a view to its communication to the public online, in a paper catalog and on the Products;
- the right to modulate, compress or decompress the Work for storage, transfer, distribution or any other use;
- the right to include the Work in a database;
- the right to reproduce extracts from the Work.
Transfer of the right of representation
The transfer of the right of representation includes:
- the right of communication to the public of the Work, in whole or in part, throughout the world, by any network allowing the transmission of data, in particular by interactive or non-interactive digital networks and services, internet, websites, telecommunications networks, network satellite and cell phone network;
- the right to exploit the Work, in whole or in part, by any network, in particular telecommunications or cable, by any interactive process inherent in this mode of exploitation;
- the right to publish extracts from the Work.
Transfer of the right of adaptation
The transfer of the right of adaptation includes:
- the right to correct, improve and modify the Work in whole or in part;
- the right to make any changes necessary to exercise the rights transferred;
- the right to dissociate the Work or one of its elements from its whole, in order to exploit the Work;
- the right to combine the Work with one or more other Works in a single file;
- the right to convert the Work into another computer language.
The Seller acknowledges that the adaptations of the Work made by Artmajeur under the rights assigned to it are the exclusive intellectual property of Artmajeur.
In the context of the use or exploitation of the Work, Artmajeur may use the term of its choice to designate the Work.
The Seller warrants to Artmajeur that he is the sole author of the Work and that as such he is the sole holder of all the intellectual property rights relating to the Work and that no third party may claim to the status of author or co-author of one or more of the said Works. The Seller undertakes in particular to respect the image rights of the persons depicted in the Works as well as the intellectual property rights of third parties, in particular copyrights, rights to designs and models, as well as rights to patents and trademarks.
The Seller guarantees Artmajeur the peaceful enjoyment of the rights assigned under these general conditions. The Seller guarantees Artmajeur against any action, claim, demand or opposition from any person invoking an intellectual property right or an act of unfair and/or parasitic competition, due to the Work.
Reproduction and protection of the Work
The Seller is informed of Artmajeur's ability to use technical measures to protect the material media and digital files reproducing the Works, in order to prevent or limit unauthorized use. Artmajeur will have the ability to use, within the framework of the exploitation of the Works, information in electronic form intended to identify them and to inform third parties about the regime of the conditions and methods authorized for their use. The Seller may, upon written request, obtain from Artmajeur information as to the essential characteristics of the aforementioned technical protection measures and information which Artmajeur would actually use to ensure the exploitation of the Works.
Buyers are offered the opportunity to contribute content to the Site by posting comments on their use of the Products and their relationship with the Seller in order to evaluate the transaction. Comments will be subject to validation by Artmajeur.com or its team of moderators.
By clicking on the "Validate" tab, in order to publish his comment, the buyer grants a non-exclusive copyright license free of charge to Artmajeur relating to said comment. As such, the Seller authorizes Artmajeur to communicate to the public online, in whole or in part, its comments on the Site, Artmajeur's newsletters and the sites of Artmajeur's partners. The Seller authorizes Artmajeur to reproduce his comment for the purpose of communicating it to the public online and to produce communication and promotional materials for the Site. The Seller authorizes Artmajeur to translate its comment into any language for the purpose of communicating it to the public online and to reproduce it on its commercial and promotional materials. The right of adaptation also includes the right to make the technical changes necessary for the exploitation of the commentary in other formats. This license is granted for permanent use.
Artmajeur.com undertakes to take the care and diligence necessary to supply quality products that comply with the specifications of these General Conditions. Artmajeur only responds to an obligation of means concerning the services covered by these presents. Artmajeur's liability towards the Seller can only be engaged for facts which would be directly attributable to it and which would cause it damage directly linked to these facts.
Artmajeur will not be held liable in the event of force majeure or fault on the part of the Seller, as defined in this article:
or other circumstances beyond the reasonable control of Artmajeur. In such circumstances, Artmajeur.com will be exempted from performing its obligations within the limits of this impediment, this limitation or this disturbance.
Restrictions due to sanctions and zones under embargo
In some specific situation, due to geopolitics, sanctions or embargo, Artmajeur may cease to provide service temporarily or permanently to certain geographical zones, or countries. Theses countries currently include: Crimea, Donetsk and Luhansk Regions, Cuba, Iran, North Korea and Syria.
Fault of the Seller
Within the meaning of these T&Cs, will be considered as a fault of the buyer opposable to the latter any misuse of the service, fault, negligence, omission or failure on his part or that of his employees, non-compliance with the advice given by Artmajeur.com on its site, any unlawful disclosure or use of the client's password, codes and references, as well as the provision of incorrect information or the failure to update such information in its personal space. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit of these T&Cs, will also be considered as a fault on the part of the Customer.
The data, in particular comments, published on the Site by the Purchaser are under his own responsibility. In this context, Artmajeur will benefit from the status of data host within the meaning of article 6-I-2 of the Law for confidence in the digital economy of June 21, 2004. In accordance with paragraph 3 of the same article, Artmajeur.com cannot be held civilly or criminally liable for these comments, unless, from the moment it became aware of the illegal activity or information, it acted promptly to remove these comments. information or make access to it impossible.
The contents of the Site are published for information only, without guarantee of accuracy. Artmajeur.com cannot under any circumstances be held responsible for any omission, inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
Artmajeur declines all responsibility with regard to sales between buyers and sellers through the use of the Artmajeur.com platform, to which it remains foreign. Any complaint relating to the information appearing on the description of the products or to the deliveries of the products will be redirected to the designated seller, who will assume full and sole responsibility in this respect.
The user is solely responsible for the use he makes of the Site and he undertakes to indemnify and/or compensate for any prejudice or loss that Artmajeur may suffer in the event that his responsibility is engaged by a third party because of an operation related to the use of the site by the buyer.
messaging A private internal messaging service is available to Sellers. This system is reserved for Sellers and the secrecy of correspondence is applicable to it.
The contents of the inboxes and outboxes are not subject to any preservation guarantee on the part of Artmajeur and it is up to the Sellers to save the said contents. The loss of this content, whatever the cause, cannot constitute damage for the Sellers who cannot claim any compensation for this fact.
Any Seller who is the victim of abuse (spam, unwanted advertising or other) may inform Artmajeur.com who will take all necessary measures.
provisions These general conditions are subject to the application of French law.
These general conditions may be modified at any time by Artmajeur. The general conditions applicable to the Seller are those in force on the day of his order or his connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
Under Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicably between the parties must be submitted to Medicys: www.medicys.fr.
Any dispute relating to this contract or in connection with it will be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitrator.com.
In the event of failure of mediation, the dispute will be decided by the Courts of Montpellier notwithstanding plurality of defendants or appeals in guarantee, including for the procedures in summary procedure or on requests.
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and object of these presents.
The absence of exercise by Artmajeur of the rights which are recognized to it by the present can in no way be interpreted as a renunciation to assert the said rights.
These general conditions are offered in French.
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
1.11 Translation of the General Terms and Conditions
These general conditions are offered in French. Translations can be provided to users in different languages, translated from the French version. In the event of a translation error, inaccuracy, misinterpretation, or conflict between the translated version and the French version, the French version prevails.