Last modification date : Dec 6, 2018
Artmajeur, a company with capital of €100,000 domiciled at 6 plan Chabrol, 34830 CLAPIERS, RCS MONTPELLIER, SIRET 51331811300018.
Certain areas of the site and your access to certain services may have terms and conditions posted or may require that you accept the terms and conditions. If there is a conflict between these Terms and the posted terms and conditions for a specific area of the Site or specific services, the latest terms and conditions take precedence over the use or access to that area of the Site or Services .
YOU AGREE THAT BY ACCESSING OR USING THE SITE OR SERVICES OR SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR By posting any Content ON THE SITE, you indicate that you have read, understood and agreed to BE bound by these terms, EVEN IF YOU ARE NOT REGISTERED ON THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT HAVE THE RIGHT TO ACCESS OR USE THE SITE OR THE SERVICES. If you accept or reject these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal person to those terms and, in that case, "you" and "your" "will refer and apply to that corporation or other body corporate.
ARTMAJEUR reserves the right, in its sole discretion, to modify, interrupt or terminate the Site or the Services or to modify these conditions at any time and without notice. If we change these conditions, we will post the change on the site and this will be notified to you. We will also update the "Last Updated Date." By continuing to access or use the Site or the Services after we have posted a change to the Site, or we have notified you of a change, you indicate that you agree to be bound by the modified terms and conditions.If the amended terms are not acceptable to you, your sole remedy is to discontinue use of the Site and the Services.
The Site and the Services are intended only for persons who are 18 years of age or older. Any access or use of the Site or Services by any person under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 years of age or older.
In order to list a work on the site, interact with members of the site, or to make a purchase through the Site, you must first create an account ( "Account" ) by completing our registration process. During the registration process, you will need to provide certain information, choose a username and password. At the end of our registration process, you will become a "member". You agree to provide accurate, up-to-date and complete information during the registration process and to update this information to keep it accurate, current and complete. ARTMAJEUR reserves the right to suspend or terminate your account if the information provided during the registration process or subsequently, proves to be inaccurate, out of date or incomplete. You are responsible for saving your password. You agree not to disclose your password to a third party and to take full responsibility for all activities or actions under your account, if you have authorized such activities or actions. You must immediately notify ARTMAJEUR of any unauthorized use of your account.
Terms of Sale (For Sellers)
Submiting works on the site
As a member, you may submit original works of art ( " Original Works of Art" ) that you have created and that you wish to display and / or sell through the Site and Services. You can only submit works of art of which you are the author, or of which you have the mandate or the rights of sale. As a member, you can also offer digital images of works of art ( "Digital Works") that you have created and that you wish to exploit commercially through the Site and the Services. You can only submit digital works that you author, or you have the mandate or sales rights. In order for your ads to be accepted, you must provide ARTMAJEUR with all the information requested on the page of insertion of the works and you must respect all the other requirements of ARTMAJEUR indicated on this page. Without limiting the generality of the foregoing, if you offer advertisements for the sale, you may be required to verify your identity by providing ARTMAJEUR with a copy of an official issued ID or similar document separately to email@example.com. ARTMAJEUR reserves the right to modify the advertisements to ensure that they comply with these guidelines. You agree that your ads are not immediately searchable by keyword or category for several hours (or up to 48 hours in some cases). The placement of your ads in the search section and search results may be based on factors that include, without limitation: the title, keywords, description, category or price.
You agree that ARTMAJEUR reserves the right to promote and market the original works of art and / or Digital Works through the use of promotions and / or discounts. The amount of the sale or discount will apply to the price list of original works of art and / or printed works (defined below) for digital works. You still have the right to remove an advertisement for Original Works or Digital Works from the site - please see the instructions below.
If you want to delete an ad for an original Art work or a Digital Work site, you must access your account, click on the image you want to delete and click Remove. Then follow the steps on this page.
Use of services for artists and art galleries
Artmajeur offers an integrated set of services to protect, promote and sell works of art.
The list of services offered is available on the page https://www.artmajeur.com/fr/our-services .
Artmajeur's offer of services for artists and art galleries does not constitute in any way a special guarantee to receive contacts, to conclude sales or to obtain a specific ranking on the search engines. For all that, Artmajeur's team puts all its efforts and energy into offering simple, high-performance and quality tools, and strives as much as possible to make every effort to satisfy its members.
Offer without duration commitment
Artmajeur offers subscriptionless services. You are not committed beyond the duration you have already paid. You can cancel your subscription at any time without any justification.
When ordering, you have the option to choose the recurring payment method by checking the box provided for this purpose on the order form. The mention of recurrence then appears clearly on the order form, as well as on the payment server, with the amount to be paid now, and the amount to be paid recurrently the other monthly payments. The recurring payment allows you to ensure that your service will continue uninterrupted, without service interruption that could be harmful to your SEO on the search engines.
You may cancel your subscription at anytime from section MY ARTMAJEUR> MY PURCHASES. If you wish to unsubscribe, be sure to cancel the subscription BEFORE the renewal date.
Cancellation of a service
All service can be canceled at any time and without justification from the section MY ARTMAJEUR> MY PURCHASES. Cancellation of a service (even before the end of the paid period) does not give rise to any refund. The service remains usable for the entire period paid until the last day of service expiration, even if the corresponding payment subscription has been canceled.
Right of withdrawal for electronic services
When subscribing to an electronic delivery service, a storage location is allocated on the servers for your account, a legal deposit certificate is created for each of your works, a personalized space is created especially for you. The space is created in your name, with a personalized web address, a space for your portrait, the presentation of your profile, your galleries of images, as well as any other personalized content that you provide (blogs, videos, texts, images etc ...).
When you subscribe to an electronic service delivery offer (such as PLATINUM or PROFESSIONAL ART WEBSITE, as described on the page "OUR SERVICES"), the execution of the service starts upon receipt of your payment and in any case BEFORE the end of the period of 7 clear days. You therefore expressly waive your right of withdrawal for the order of this service .
In accordance with the law and in compliance with Article L121-20-2 of the Consumer Code, it is not possible to reimburse an electronic service that has already started, or is already being performed.
Responsibility for works of art
You acknowledge and agree that you are solely responsible for all original works of art and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) for the original works of art that you make available through the Site and Services, you are the creator or have the sales mandate, and you are or represent the sole owner of all the original artwork you offer; (Ii) concerning the digital works that you make available through the Site and the Services, you are either the sole owner of all these digital works or if you have all the rights, licenses, consents and releases that are necessary to grant ARTMAJEUR the rights in those digital works provided for under these Terms; and (iii) neither the original works of art, nor the digital works that you make available through the Site and Services, nor the use and exploitation of ARTMAJEUR thereof, as provided herein. Conditions, will not infringe, circumvent or infringe any patent, copyright, trademark, trade secret or other intellectual property rights of any third party or the rights of publicity or confidentiality, or will violate applicable laws and regulations.
Artmajeur offers the direct linking of sellers and buyers. As a seller, you are solely responsible for the transaction and all the consequences of it, direct and indirect. It is your responsibility to inform the customer about the methods of payment you accept, delivery charges and deadlines, possible return policy, in accordance with the legislation.
If you are advertising for Digital Works, you allow Members and other third parties to purchase reproductions of works of art from digital works (collectively, "print works") through our print service which is described at https://support.artmajeur.com .
If you offer ads for Digital Works, you grant ARTMAJEUR a worldwide, transferable, non-exclusive license, with the right to sub-license, to (i) use, modify (as the case may be in connection with the manufacture and distribution of printed works), reproduce, distribute, perform publicly and display digital work as part of the manufacture, distribution and sale of Work Printing to members and other third parties via online sales and other offline channels ("Offline Sales"), and (ii) access, view, use, crop, resize, copy, distribute, license, display publicly, publicly perform, transmit broadcast copies of digital works, in any form, medium or technology known or developed subsequently, in order to promote the sale of digital works and / or ARTMAJEUR, the Site and the Services. You acknowledge and agree that the above license rights are granted on a royalty-free basis and that your only compensation for the grant of such license fees, where applicable, will be in the form of the Artist's Share (defined below), which is payable only on the sale of a digital work via online and offline sales channels. ARTMAJEUR may appoint one or more third party subcontractors, who may exercise the above license rights in order to allow ARTMAJEUR to process and execute orders for printed work.
Between you and ARTMAJEUR, ARTMAJEUR will be considered the seller of all Printed Works that are purchased through the online sales channels. If an original work of art and / or printed work is sold through a third party site, the terms and conditions of the third party website apply to the purchaser for the particular purchase. However, between you and ARTMAJEUR, only these conditions apply to the sale of this original work of art and / or printed works.
ARTMAJEUR and / or its third party service providers will be responsible for the collection of billing data, shipping to the buyer and payment processing of such purchases by the Site and the Services. For purchases made through third party websites and for offline sales, ARTMAJEUR's third party website or Offline Sales Partner will be responsible for collecting billing and shipping information including details of buyer, as well as the collection of the payment, and will give Artmajeur this information, as well as the payment applicable to this sale, as agreed between ARTMAJEUR and the third party website or partner of Offline Sales of ARTMAJEUR.
For sales of printed works via online sales and offline sales, ARTMAJEUR will credit your account according to the pricing conditions and commissions in effect available at https://support.artmajeur.com.
If you delete an ad for digital work on the Site, the license rights granted by you to ARTMAJEUR to manufacture, distribute and sell printed works in respect of such Digital Works will terminate from the date on which the advertisement is removed, however, the license fees will subsist and remain in force as long as necessary for ARTMAJEUR and its third party subcontractors to fulfill all orders in process for these printed works and for any order of these printed works accepted by ARTMAJEUR or its third party subcontractors or online business partners via third party websites and its offline business partners before or as of the effective date of termination. In addition,
Terms of Sale (for Buyers)
ARTMAJEUR recommends to the sellers a period of return of 7 days allowing you to return the work if you are not totally satisfied with it. By returning the work at your expense in perfect conditions and in its original packaging, you will then be fully refunded (the return costs will not be refunded).
In case the order is canceled due to an incorrect address, or a package refused at the reception, the SENDING AND RETURN FEES will be charged.
The withdrawal period depends on the quality of the seller (professional / individual) and the special conditions of sale of the seller. it is up to you to negotiate with the seller directly to make sure that he offers you a service in connection with your wait before ordering
Purchases of original works of art
As a member, you can buy original artwork that is offered by other members on the site. When you buy such an original work of art through the Site and the Services, you buy the work directly to the member identified on the page of the work. The prices of the original works of art are indicated on the corresponding pages. You acknowledge that prices do not include shipping and handling charges or applicable taxes (as defined below), if any, for which you are responsible and which will be identified separately on your invoice. ARTMAJEUR and / or its third party service providers must be able to collect your billing and shipping information in order to process your payment. The member identified on the page of the original work of art will ship the work directly to you. ARTMAJEUR's terms and conditions of sale and the Effective Returns Policy apply to all original works of art that you purchase through the Site and the Services. When you purchase original works of art online (other than through the Site and the Services) these purchases will be subject to the applicable terms and conditions on those online sales channels that will be presented to you at the time of purchase. intermediary of the Site and the Services. When you purchase original works of art online (other than through the Site and the Services) these purchases will be subject to the applicable terms and conditions on those online sales channels that will be presented to you at the time of purchase. intermediary of the Site and the Services. When you purchase original works of art online (other than through the Site and the Services) these purchases will be subject to the applicable terms and conditions on those online sales channels that will be presented to you at the time of purchase.
As a member, you can buy printed works that are offered by other members on the site. The prices of the works are indicated on the corresponding pages. You acknowledge that the prices do not include shipping and handling charges or applicable taxes (as defined below), if any, for which you are responsible and which will be identified separately on your invoice. When you buy printed works through the site and services, ARTMAJEUR and its third party service providers will collect your billing and shipping information, cash your payment and send you directly your printed work. The terms and conditions of ARTMAJEUR as well as the Return Policy in force Apply to all print jobs you purchase through the Site and Services. When you purchase printed works online (other than through the Site and the Services) and offline, these purchases will be subject to the applicable terms and conditions on those online sales channels that will be presented to you at the time of purchase.
ARTMAJEUR reserves the right to cancel any order of an original work of art or printed work contracted through the Site and the Services if ARTMAJEUR determines, in its sole discretion, that the article is badly evaluated, in rupture from stock, discontinued, or not available at the price indicated on the Site and the Services. If ARTMAJEUR cancels an order placed through the Site and the Services, ARTMAJEUR will send you an email confirming this cancellation and you will not be charged for your order.
Conditions for sellers and buyers
Sales outside Artmajeur
Members who sell original works of art on the Site and the Services give a non-exclusive reseller mandate to ARTMAJEUR. As such, the works are likely to be sold outside ARTMAJEUR. You understand and agree that any transaction concluded outside the Site and the Services is carried out at your own risk: it is not covered by any guarantee as defined in these conditions, nor concerning the payment, nor concerning the return policy. of ARTMAJEUR. You understand and agree that Artmajeur will not offer any assistance, advice, legal assistance or support of any kind regarding payment, delivery or any problems that may arise as a result of a transaction concluded outside the scope of the Site and the Services. Certificates of sale are only offered at a sale concluded through ARTMAJEUR. You understand and agree that ARTMAJEUR can not provide any proof or sales certificate for a transaction concluded outside the Site and the Services, even if such a work is present on ARTMAJEUR.
If you are a member and you are offering an original work of art for sale and you have been contacted through the Site or the Services by another member regarding the purchase of this original work of art, you agree to do not sell this original work of art to this person outside the Site and Services. Similarly, if you are a member and wish to buy an original work of art proposed by another member on ARTMAJEUR, you can not buy this original work of art outside the Site and Services.
Dues and taxes
All prices, commissions, fees and other amounts mentioned in these Terms, including prices, commissions and charges stated on the site, are expressed in the currency indicated with the price. They do not include any discounts, promotions, value-added tax (" VAT " ), or any other tax and customs duties or similar taxes that may be imposed by a government tax authority or that are otherwise payable under the law. applicable to the purchase, the sales and license transactions listed below (collectively the "Taxes"). If you are a seller of original works of art and / or printed works, you understand and agree that ARTMAJEUR will collect the taxes that must be withheld from the payments received. If you are a seller of original works of art and / or printed works, you understand and agree that ARTMAJEUR will collect the taxes that must be withheld from the payments received.
If you are a buyer of original works of art and / or printed works, you understand that ARTMAJEUR will add taxes on the invoiced amounts, as a separate charge, when necessary. Each party will be responsible for the fulfillment of all obligations imposed upon it by applicable law with respect to the collection and payment of taxes. Each party agrees to cooperate with the other party, and to provide the other party with the necessary documents or information required by applicable law to enable the other party to comply with its obligations or exercise rights to minimize them, or even benefit from an exemption from these obligations.
You understand and agree that ARTMAJEUR makes commercially reasonable efforts to display the colors of original works of art, digital works and printed works as accurately as possible on the Site and the Services. However, because of the notorious material differences, computer screens can show very different colors. ARTMAJEUR is not responsible for the color accuracy of original works of art, digital works, or printed works displayed on the Site and the Services, and declines all responsibility in this respect.
Suggestions & feedbacks
We welcomed with interest all the criticisms, comments and suggestions for the improvement of the Site and Services ( "Suggestion" ). You can submit your suggestions at https://www.artmajeur.com/about . You acknowledge and agree that all the Suggestions thus transmitted will be the exclusive property of ARTMAJEUR and you irrevocably assign to ARTMAJEUR and agree to irrevocably assign to ARTMAJEUR all your rights, titles and interests concerning these Suggestions, including, without limitation all patent rights , copyrights, trade secret rights, and other intellectual property rights or similar rights throughout the world.
Content generated by members
In addition to presenting ads for original works of art and digital works, ARTMAJEUR may, in its sole discretion, designate areas of the Site where members may post, download, publish or submit text, graphics, audio, video , images of works of art or other content on the site (individually or collectively, "Membership Content"). The concept of "Member Content" excludes all images of original works of art or digital images that have been offered for sale as described under "Seller's Terms and Conditions" above. ARTMAJEUR does not claim any right of ownership in this Member Content and nothing in these Terms shall be deemed to limit the right that a Member may have to use and exploit such Content. By making available any Member Content on or through the Site and Services, (i) you grant ARTMAJEUR one worldwide, a transferable, non-exclusive, royalty-free, commission-free right to crop, resize, display publicly, publicly perform, distribute, distribute and transmit this Content on or through the Site and the Services, in any form, support or technology known or developed later, in order to promote the sale of artwork and / or ARTMAJEUR, the Site and the Services, and (ii) you directly grant to other members the right and license to View and view your member content on or through the Site and the Services, as part of the use of the Site and Services as an authorized member. You retain all other rights and licenses, on any member content that you make available on or through the Site and the Services. other members the right and license to view and view your member content on or through the Site and the Services, as part of the use as an authorized member of the Site and Services. You retain all other rights and licenses, on any member content that you make available on or through the Site and the Services. other members the right and license to view and view your member content on or through the Site and the Services, as part of the use as an authorized member of the Site and Services. You retain all other rights and licenses, on any member content that you make available on or through the Site and the Services.
You acknowledge and agree that you are solely responsible for the Member Content that you make available on or through the Site. You represent and warrant that: (i) you are the sole and exclusive owner of all member content that you make available on the Site or that you have all the rights, licenses, consents and discharges that are necessary to make available such Member Content and to grant all rights and licenses in such Content as delivered pursuant to these Terms; and (ii) neither the membership content nor your decision to make such Member Content available on the Site or any use of any member content as permitted by these Terms will violate, circumvent or infringe any patents, copyrights, trademarks, trade secrets,
ARTMAJEUR may also make available on the Site and the services text, graphics, audio, video and images of works of art (collectively, "ARTMAJEUR Content" ), a portion of which is held by ARTMAJEUR ( "Content property of ARTMAJEUR " ), part of which is made available under license by a third party ( " ARTMAJEUR Content under license "). ARTMAJEUR authorizes you to download, view and print ARTMAJEUR's Content only for your personal use when you visit the site and, if you are a member, in the exercise of the rights granted to members under these Terms. . For the Licensed ARTMAJEUR Content, the scope of your right to it will be limited only to the applicable license agreement that governs the use of such content, as indicated on the website page where this content appears. Nothing in these conditions is intended to modify, restrict or limit the scope of your rights to ARTMAJEUR Content under license. No right or license is granted to you by implication or otherwise under the intellectual property rights owned or controlled by ARTMAJEUR or its licensors,
You agree not to do any of the following:
ARTMAJEUR shall have the right to investigate and prosecute violations of all the foregoing to the fullest extent of the law. ARTMAJEUR may involve and cooperate with law enforcement authorities to prosecute users who violate these conditions. You acknowledge that ARTMAJEUR has no obligation to monitor your access or use of the Site or the Services or to delete any member content, but has the right to do so for the purpose of the operation of the site and the services, to ensure compliance with these Conditions, or to comply with the law in force of the order or requirement of a court, administrative body or other governmental body. ARTMAJEUR reserves the right, at any time and without notice, to remove or disable the
Contests and games
ARTMAJEUR may organize lotteries, contests and similar promotions (collectively, the "Contests" ) through the Site and the Services. You must carefully read the rules (for example, the "Official Rules" ) of each contest in which you participate through the Site and the Services, as they may contain important information about the rights of ARTMAJEUR and the ownership of the observations you make. in the context of the competitions and as a result of your participation in these promotions. To the extent that the terms and conditions of any settlement conflict with these conditions, the terms and conditions of the Official Rules will be given priority.
ARTMAJEUR's Site, Services and Content are protected by copyright, trademark and other laws in France and throughout the world. Unless expressly stated in these Terms, ARTMAJEUR and its licensors retain exclusive ownership of all rights, titles and interests in the Site, ARTMAJEUR services and content and printed works, including all associated intellectual property rights. You must not remove, modify or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated or accompanying Site, Services or ARTMAJEUR Content.
ARTMAJEUR respects the copyright and expects its users to do the same. ARTMAJEUR's policy is to terminate in appropriate circumstances the accounts of members or other account holders who repeatedly infringe or are suspected of repeatedly infringing the rights of copyright owners. For more information, please see ARTMAJEUR's copyright policy at https://support.artmajeur.com .
The Site may contain links to third-party sites or resources. You acknowledge and agree that ARTMAJEUR is not liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, products or services available on or from such sites or resources. The links to these sites or resources do not imply endorsement by ARTMAJEUR of these sites or resources or the content, products or services available on these sites or resources. You alone acknowledge the liability and all the risks resulting from your use of these websites or resources.
Cancellation and cancellation of the account
If you fail to comply with these conditions, ARTMAJEUR will have the right to suspend or deactivate your account or terminate these Terms, in its sole discretion and without notice. ARTMAJEUR reserves the right to revoke your access to the use of the Site, the Services, the ARTMAJEUR content and the content of the members at any time, with or without cause. In the event that ARTMAJEUR cancels your account for breach of these conditions, you will remain liable for all amounts due under these conditions. You can cancel your account at any time by making a request at firstname.lastname@example.org .
THE SITE, THE SERVICES, THE ARTMAJEUR CONTENT AND THE CONTENT OF THE MEMBERS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING ANY OF THE FOLLOWING, ARTMAJEUR EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO WARRANTY ARISING OUT OF BUSINESS COURTS OR THE USE OF TRADE. ARTMAJEUR MAKES NO WARRANTY THAT THE SITE, THE SERVICES, THE ARTMAJEUR CONTENT AND THE CONTENT OF THE MEMBERS will meet your needs or will be available in an uninterrupted, SECURE OR ERROR FREE way. ARTMAJEUR MAKES NO WARRANTY REGARDING THE QUALITY OF THE WORK, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR THE SERVICES OR THE ACCURACY, ACCURACY, VERIFICATION,
NO ADVICE OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTMAJEUR OR FROM THE SITE OR SERVICES, MAY MAKE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLE RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PEOPLE WITH WHOM YOU COMMUNICATE TO OR DECIDE TO INTERFERE AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY MENTIONED IN THESE TERMS, ARTMAJEUR DOES NOT FILTER OR PERFORM ANY SURVEY OF MEMBERS OR VERIFY THE IDENTITY OF OTHER USERS OF THE SITE OR SERVICES. ARTMAJEUR MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE CONDUCT OF USERS ON THE SITE OR THE SERVICES. YOU AGREE TO TAKE THE RESONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH
You agree to defend, indemnify and protect ARTMAJEUR, its officers, directors, employees and agents from and against all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, in connection with your access to or use of the Site, Services, ARTMAJEUR Content or Member Content, or your breach of these Terms.
Limitation of liability
You acknowledge and agree that, to the extent permitted by law, all risks arising from your access and use of the Site, Services, Artmajor Content or Membership Content is your sole responsibility. Neither ARTMAJEUR nor any other party involved in the creation, production or delivery of the Site, Services, Artmajeur Content or Members Content shall be liable for any exemplary or consequential, incidental, special damages, including loss of profits, loss of data or loss of reputation, interruption of service, computer damage or system failure or the cost of replacement products or services, or damage to personal injury or injury or emotional distress resulting of or in connection with these Terms or the
In no event shall ARTMAJEUR's overall liability arising out of or in connection with these Terms or the use or inability to use the Site, Services, ARTMAJEUR Content or Content Members exceed: (i) if you are a member who sold original works of art or digital works or received an ARTMAJEUR Artist Part from the sale of printed works, the total of payments made or credited to your account by ARTMAJEUR for the sale of your works of art art and / or the sale of print work, or on the basis of your licensed digital work during the period of three (3) months preceding the date of an action for damages filed on the basis of these Terms; and (ii) if you are a member who has purchased works of art original art or printed works, the total payments you have made to ARTMAJEUR for the original works of art and / or printed works that are the subject of a claim. The limitations of liability set out above are fundamental elements of the basis of negotiation between ARTMAJEUR and you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. The limitations of liability set out above are fundamental elements of the basis of negotiation between ARTMAJEUR and you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. The limitations of liability set out above are fundamental elements of the basis of negotiation between ARTMAJEUR and you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Notice of Property Rights
All ARTMAJEUR trademarks, service marks, logos, trade names and other proprietary designations used herein are trademarks or registered trademarks of ARTMAJEUR. All other trademarks, service marks, logos, trade names and other designations of ownership are trademarks or registered trademarks of their respective parties.
Applicable law and jurisdiction
These Terms and any action relating to these terms will be governed by the laws of France, without regard to provisions for conflict of laws. The exclusive jurisdiction of any action with respect to the subject matter of these Conditions shall be the French courts of Montpellier and each of the parties hereto waives any objection to the jurisdiction and venue of such courts.
These conditions constitute the entire and exclusive agreement between ARTMAJEUR and you concerning the Site and the Services and these Conditions cancel and replace all the agreements or agreements between ARTMAJEUR and you concerning the Site and the oral or written previous services.
These general conditions of sale are translated as accurately as possible. In the event of a translation discrepancy, the prevailing version is available at https://www.artmajeur.com/fr/terms_or_sale
You may not assign or transfer these terms, by operation of law or otherwise, without the prior written consent of ARTMAJEUR. Any attempt by you to assign or transfer these terms without such consent will be null and void. ARTMAJEUR may assign or transfer these conditions, in its sole discretion, without restriction. Subject to the foregoing, these conditions will bind and apply to the benefit of the parties, their successors and permitted assigns.
Any notice or other communications authorized or required herein, including those concerning changes to these conditions, will be written and given: (i) by ARTMAJEUR by e-mail (in each case, to the email address you provide) or (ii) posting a notification on the site. For notifications made by e-mail, the date of receipt will be deemed to be the date on which this notice is sent.
It is your responsibility to regularly review these terms to ensure that you are always in agreement, understand, and accept all of the conditions in effect.
The failure of ARTMAJEUR to enforce any right or provision of these Terms will not constitute a waiver of the future application of this right or provision. The waiver of such right or provision shall be effective only if it is in writing and signed by a duly authorized representative of ARTMAJEUR. Except as expressly provided in these Terms, the exercise by any of the parties of any of its remedies under these Terms shall be without prejudice to any other remedy under these Terms or otherwise. If for any reason a court of competent jurisdiction decides that any provision of these Terms is invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other Terms will remain in full force and effect.
If you have any questions about these conditions, please contact ARTMAJEUR: