GENERAL CONDITIONS OF SALE
The purpose of the present General Conditions is to define the relationship between, on the one hand, ART-TROPE, a Simplified Joint Stock Company with a capital of 5,142.26 euros, registered in the Paris Trade and Companies Register under SIRET number 820 804 185, represented as Chairman by Mr. Adrien PAUL, whose registered office is 37 Rue des Mathurins - 75008 Paris - France, as well as the rights and obligations of the Parties within the framework of the online sale of the Products proposed by ART-TROPE and, on the other hand, any individual or legal entity wishing to benefit from the services proposed by ART-TROPE.
The company ART-TROPE is a New Generation International Agency and Gallery for Collectors who market Services and works of Art through its websites: www.art-trope.fr, www.art trope.com, www.art-tropegallery.com. The company can be contacted by email by clicking on the contact tab accessible via the home page of our site: www.art-trope.com or at contact@art-trope.com.
The Products provided by ART-TROPE are subject to the present General Conditions.
These General Conditions determine the rights and obligations of the parties in the context of the provision of the works of art of the artists represented by ART-TROPE via the ART-TROPE website. In particular, their purpose is to define the conditions under which ART-TROPE allows Buyers to :
- register on the ART-TROPE website to purchase the works of art or any other product available for sale ;
- choose the product of their choice;
- contact ART-TROPE to finish an acquisition by emailing contact@art-trope.com.
The Artist's subscription to the proposed Services does not imply any license or right of use on the software composing the ART-TROPE websites.
The purchase of products offered to the Collector does not imply any license or right of use on the software composing the ART-TROPE websites.
General provisions: The present General Conditions of Sales apply to all sales of products and to Artist's representation, made through the company's websites. ART-TROPE reserves the right to modify the present Terms and Conditions at any time by publishing a new version on its website. The present General Terms of Sales then applicable are those in force at the date of payment of the order. They can be consulted on the Company's website. ART-TROPE also ensures that their acceptance is clear and without reserve. The website User declares to have acknowledged all the present General Terms of Sale, and if necessary the Particular Terms of Sale linked to a service and/or a product, and to accept them without restriction or reserve. The Customer declares to be able to contract legally under French law to represent the person or legal entity to which they are committed. Unless proven otherwise, the information recorded by ART-TROPE constitutes proof of all transactions.
1. Definitions
In the General Terms and Conditions set out below, the following words and expressions shall have the meaning given to them by the definitions set out below:
- Declared e-mail address(es): for ART-TROPE, this refers to the e-mail address(es) concerning the Artist appearing on the documents and/or on ART-TROPE websites, and for the Artist and/or the Collector, this refers to the e-mail address declared by the Artist in the information provided when registering online.
- Artist: refers to the natural person(s) or legal entity(ies) represented on ART-TROPE's websites, corresponding to a collaboration agrrement for which ART-TROPE is authorized to publish its profile on the websites, a personalized virtual gallery, the online sale of its works of art.
- Artist: refers to the natural person(s) or legal entity(ies) represented on ART-TROPE's websites, corresponding to a collaboration agrrement for which ART-TROPE is authorized to publish its profile on the websites, a personalized virtual gallery, the online sale of its works of art.
- Collector: refers to the natural or legal person(s) registered for the acquisition of Products on ART TROPE's websites.
- Product(s): refers to the work(s) of Art of the represented Artists or any other product such as art books, etc.
- Service(s): refers to the service(s) provided by ART-TROPE to the Artist and/or the Collector.
- General Conditions: refers to the present General Conditions of Sale.
- Mail: refers to any correspondence between ART-TROPE, the Artist and/or the Collector by mail and/or e-mail.
- Part(s): refers to the part(s) of the online registration.
- Artist Profile: refers to the tool used by ART-TROPE to represent the Artist corresponding to his/ her collaboration agreement. ART-TROPE is in charge of publishing the artist's elements and the he/she does not have access to the back-offices of ART-TROPE's websites.
- Collectors Registration: refers to the confidential code, spaces and functionalities reserved to the Collector after registration on ART-TROPE websites, achieved by filling out an online form in order to acquire the selected Product(s).
- ART-TROPE websites: means all ART-TROPE's technological means and software accessible on the Internet, at the following addresses: www.art-trope.com, www.art trope.fr, www.art-tropegallery.com and.
2. Description of the Services
The prices of the Websites are indicated in Euros and precisely determined on the Internet pages. ART-TROPE reserves the right to change prices at any time in the future. The telecommunication costs necessary to access the company's websites are to be paid by the user.
The product purchase service (of works of art or any other product for sale on the websites) proposed for the Collector in order to acquire products of their choice.
The product purchase service (of works of art or any other product for sale on the websites) proposed for the Collector in order to acquire products of their choice.
3. The essential characteristics of the collaboration with the Artists represented are describes in the collaboration agreement. The Collector certifies having received a detail of the services, the fees as well as the terms of payment, delivery of the service and/or its execution. ART-TROPE undertakes to honor the order placed by the Collector, failing which ART-TROPE will inform the Artist and/or the Collector in order to seek solutions to resolve any difficulties encountered. Except under special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).
Each Artist undertakes to provide ART-TROPE and its representatives with all the information necessary for his good representation. The information and documents transmitted by the Artist are deemed to be in good faith. Thus, ART-TROPE cannot be held responsible for any inaccuracy or erroneous data in any printed or digital content that has been elaborated on the basis of the elements provided by the Artist.
Each Artist undertakes to provide his or her information and documents in French and/or English and/or Chinese to ART-TROPE and to respect the deadlines given by ART-TROPE. ART-TROPE reserves the right to refuse to honor a collaboration agreement in case of the Artist's inability to provide the requested elements and/or to respect the deadlines given by ART TROPE. In this case, no reimbursement will be made.
4. Terms and conditions for the registration of an Artist
The Artist undertakes to provide with exactitude, sincerity and in a complete way all the information which is asked of him/her in French and/or English and/or Chinese. The Artist can send his portfolio with the following link : https://www.art-trope.fr/fr/subscription.
5. Duration of the commitment
The Artist undertakes to honor the conditions of the collaboration agreement.
6. Price of Additional Services
The price of the Products offered is subject to the application of French VAT equal to 20% for the Collector residing in France but does not apply for any Collector residing abroad. The Art Coach Services offered by Virginie Tison, Founder and Curator of ART-TROPE, are not subject to VAT.
7. Payment of Services
The Collector will have to follow a series of steps specific in order to carry out his or her order. These steps are described below:
* Selection of the Product(s) including its purchase options from the Artists represented by the Art Trope Gallery ;
* Add this selection to the cart
* Log in to your profile with your email and password to access the basket of the selected Product(s).
* Confirm your personal information (First Name, Last Name, Company Name, Phone Number, Address, Postal Code, City, Country), fill in the fields concerning the billing address and click Continue
* Confirm the the Collector's delivery preference
* Fill in your bank details and place the order
* Confirm the order and acceptance of these Terms and Conditions of Sale ; * Receive a confirmation email
* The Collector is contacted by the ART-TROPE team concerning their acquisition in order to settle the last details.
For the purpose of an effective handling of the order in accordance with the Article 1316-1 of the Civil Code, the Artist and/or the Collector commits himself to provide his true identification elements. ART-TROPE reserves the right to refuse any abnormal request, made in bad faith or for any legitimate reason.
The payment of the Products will be made on ART-TROPE's Websites with the secure online payment methods of the company Stripe. All credit cards are accepted.
ART-TROPE does not assume the reimbursement of bank charges in case of dispute.
For secure online payment, the Collector is sent to the server of the company Stripe which ensures the security of the transaction. The Collector's acquisition of a selected Product will only be validated and activated by ART TROPE once the Stripe company server has given its authorization for the transaction.
ART-TROPE warn that security also requires proper maintenance of the Artist's and/or Collector's computer, including, but not limited to, the application of security updates proposed by the publisher of the software(s) used. The Artist and/ or the Collector must also ensure, using appropriate security software, that his or her computer is not infected or subject to a security flaw of such a nature as to compromise the security of the transaction.
For secure online payment, the Collector is sent to the server of the company Stripe which ensures the security of the transaction. The Collector's acquisition of a selected Product will only be validated and activated by ART TROPE once the Stripe company server has given its authorization for the transaction.
ART-TROPE warn that security also requires proper maintenance of the Artist's and/or Collector's computer, including, but not limited to, the application of security updates proposed by the publisher of the software(s) used. The Artist and/ or the Collector must also ensure, using appropriate security software, that his or her computer is not infected or subject to a security flaw of such a nature as to compromise the security of the transaction.
The Collector guarantees that he or she has the necessary authorizations to use the method of payment chosen by him or her when applying for registration.
ART-TROPE reserves the right to suspend the processing of the application in case of refusal to authorize payment by credit card by officially accredited organizations.
ART-TROPE reserves the right to suspend the processing of the application in case of refusal to authorize payment by credit card by officially accredited organizations.
ART-TROPE cannot be held responsible for any misappropriation or fraudulent use of any means of payment.
8. Termination
ART-TROPE may terminate the Artist's representation with immediate effect after written notification in the event of violation by the Artist of these General Conditions and/or the regulations in force and/or the violation of third party rights such as, but not limited to:
a) publication of information by the Artist containing illegal or infringing written material or content that violates the rights of third parties;
b) misuse of the purpose of the ART-TROPE Websites;
c) defamatory statements by the Artist on ART-TROPE ;
d) behavior of the Artist that does not allow a positive outcome of the collaboration with ART TROPE;
e) failure to produce the elements necessary to deliver the Service subscribed to by ART-TROPE.
9. Confidentiality, data protection and additional services
Each Party will maintain the confidentiality of all specific provisions and will not disclose them to any third party (except to its professional advisers and/or their respective subsidiaries and affiliates on a confidential basis) without the prior written consent of the other Party, unless otherwise required by law. ART-TROPE undertakes to comply with any applicable data protection legislation in force, and will collect and process personal data in accordance with its privacy and confidentiality policy available in accordance with the new European General Regulation on Data Protection effective May 25, 2018 described in the following link: www.art-tropegallery.com/fr/privacy-policy.
In order to maintain the integrity of the ART-TROPE Websites, ART-TROPE reserves the right to communicate contact information to any regulatory and supervisory authority if it is required to do so. ART-TROPE and its subsidiaries or branches may also transmit contact information in case of complaint regarding the use by the Collector of the ART-TROPE Websites and when this use is considered incompatible with the purchased product.
The Artist and/or the Collector authorizes ART-TROPE to send him/her by email any information concerning improvements to the Services, important new features and other promotional information (including any surveys), as long as the Artist and/or the Collector does not expressly object in writing.
10. Limitation of responsibility
ART-TROPE assumes no liability towards the Artist or any other third party for any loss of profits, operating loss, any replacement cost of the Services and/or Products or indirect or consequential immaterial losses or damages of any kind or nature whatsoever, regardless of the cause, and its exclusive recourse for any claim, loss or damage related to any of the Services provided and/or Products to be provided under these General Terms and Conditions shall be limited to the price that the Artist and/or the Collector has actually paid for said Service(s) and/or Products.
ART-TROPE is only bound by an obligation of means regarding the continuity of its online representation. ART-TROPE, in particular, and without this list being exhaustive, cannot be held liable: a) in the event of breakdowns, technical problems, in particular related to computer programs,
hardware or software or the Internet network. This absence of liability is not limited to interruptions, suspensions or closures of the Service. The unavailability of the Service does not entitle the Artist to damages;
b) the results of the Artist's work;
c) with regard to the content of the documents and information that the Artist communicates, which is the full and entire responsibility of the Artist. ART-TROPE relies exclusively on information communicated by the Artist to carry out the subscribed representation.
ART-TROPE cannot be held liable for indirect damages, such as, in particular, damages caused by loss of data, by fraudulent behavior, by computer hacking, by the accidental transmission or distribution of viruses or other harmful elements, by the attitude or behavior of third parties or users.
ART-TROPE cannot be held responsible for any costs incurred by the Artist for an exhibition. ART-TROPE is not required to ensure a continuous physical presence at the place of an exhibition to represent the Artist.
ART-TROPE cannot be held responsible in case of theft or damage to the Artist's works exhibited nor in case of theft or damage occurring at the Art Trope Gallery and/or at an exhibition venue.
The Artist understands that the collaboration agreement is added to this general conditions of sales.
The Artist releases ART-TROPE, its employees and its managers from any liability for any prejudice resulting from the use of the Site or the associated Services, regardless of the invoked or actual cause of the prejudice.
The Artist releases ART-TROPE, its employees and its managers from any liability for any prejudice resulting from the use of the Site or the associated Services, regardless of the invoked or actual cause of the prejudice.
Without limiting the scope of the other provisions of these General Terms and Conditions, ART-TROPE's liability if it were to be engaged, whatever the form of action or cause of action, could not exceed, all damages combined, the sum paid by the Artist to ART-TROPE corresponding to the current year.
11.Force majeure
ART-TROPE will not be held responsible for delays or impediments relating to the execution of the General Conditions in the event of the occurrence of any event beyond its control that prevents or delays the realization of the Service(s) provided, assimilated to force majeure. It will be so for the following events, and without this list being restrictive: natural disasters, maritime or air perils, fires, earthquakes, floods, sabotage, boycott, epidemic, war (declared or undeclared), riot or any other event independent of the will of ART-TROPE.
12. Terms of Use of Services on ART-TROPE Websites
In the event that there is a contradiction between the Terms of Use of the Site as described in this paragraph and the provisions of the General Conditions, the latter will prevail. ART-TROPE reserves the right to suspend the Artist's representation, if ART-TROPE has a valid reason to suspect that the Artist violates any part of the General Conditions, any other agreement between ART-TROPE and the Artist or any Terms of Use.
ART-TROPE reserves the right to modify and supplement the General Terms and Conditions of Sale at any time, without notice and without compensation.
13. Useful links
ART-TROPE reserves the right to include hypertext and descriptive links to external sites on the Site itself. Under no circumstances can ART-TROPE be held responsible for the content of these sites, products and services contained therein, nor for damages of any nature whatsoever that may occur following the visit or use of these sites.
14. Intellectual Property
The content of the ART-TROPE Websites is protected by the application of all applicable laws and regulations. Unless otherwise stated, all elements of ART-TROPE Websites (texts, names, photographs, images, icons, denominations, logos, acronyms, expressions, drawings, products, databases, software) and related rights of use are the exclusive property of ART-TROPE or its partners and constitute trademarks or elements registered and protected by copyright.
In order to allow ART-TROPE to provide the representation, the Artist grants ART-TROPE license to represent their content on the Sites for the entire duration of the Contract and with international reach. The reproduction of all documents published on ART-TROPE's Websites is only authorized for the exclusive purpose of information for personal and strictly private use. Any total or partial reproduction, copy, adaptation, or external publication or any exploitation in any manner whatsoever, (and other cases provided for by law) of the elements present on the Sites for other purposes is strictly prohibited and requires the prior written authorization of ART-TROPE. The non-respect of these rules can engage the civil and penal responsibility of the offender.
In order to allow ART-TROPE to provide the representation, the Artist grants ART-TROPE license to represent their content on the Sites for the entire duration of the Contract and with international reach. The reproduction of all documents published on ART-TROPE's Websites is only authorized for the exclusive purpose of information for personal and strictly private use. Any total or partial reproduction, copy, adaptation, or external publication or any exploitation in any manner whatsoever, (and other cases provided for by law) of the elements present on the Sites for other purposes is strictly prohibited and requires the prior written authorization of ART-TROPE. The non-respect of these rules can engage the civil and penal responsibility of the offender.
ART-TROPE reserves the right to claim damages in case of damage that may constitute an act of counterfeiting and more generally infringement of its intellectual property rights.
15. Communications by ART-TROPE concerning the Artist
The Artist authorizes ART-TROPE to reproduce his or her trademark and distinctive signs, to mention his or her name and his or her status as an Artist on the pages of ART-TROPE Websites for the realization of the subscribed services but also for the promotion of ART-TROPE.
16. Entire
The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions unless it is an impulsive and decisive clause that led one of the Parties to conclude the subscribed service.
ART-TROPE's temporary or permanent non-application of one or more clauses of the General Conditions does not constitute a waiver of the other clauses of the General Conditions which continue to produce their effects.
Any contractual modification is valid only after a written agreement signed by both parties.
17. Applicable law - Jurisdiction
The General Terms and Conditions are governed, interpreted and applied under French law. All the clauses contained in these General Terms and Conditions of Sale, as well as all the purchase and sale operations referred to therein shall be subject to French law. Only the Commercial Court of PARIS shall be competent to hear any disputes relating to these General Terms and Conditions of Sale and their implementation, including their validity, interpretation, execution, termination and consequences.
The most recent version of the General Terms and Conditions of Sale is that of the date indicated at the end of this document.
Date of the most recent update of these General Terms and Conditions of Sale: November 15, 2022. Thank you for sharing this page
NB. This page has been translated from French. We thereby declare that the correct legal language may not be present at all times. Please see the French version for clarification: https:// www.art-tropegallery.com/fr/general-terms-and-conditions
