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 Services and 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 Artists and Collectors who market Services and works of Art through its websites: www.art-trope.fr, www.art trope.com, www.art-tropegallery.com and www.letartistscreate.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 firstname.lastname@example.org.
The Services and/or 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 Services offered and/or works of art by ART-TROPE via the ART-TROPE website. In particular, their purpose is to define the conditions under which ART-TROPE allows Artists and/ or Buyers :
- to register on the ART-TROPE website to purchase the works of art or any other product available for sale ;
- to choose the service and/or the product of their choice;
- to benefit from the technological tools offered to the artists.
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 whose online use by the artist is strictly related to the benefit of the services.
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, whose online use by the collector is strictly linked to the benefit of the purchase of the Products offered.
General provisions: The present General Conditions of Sales apply to all sales of services and/or products, 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 by employing a check box and validation click. The Customer 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.
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 for the Services and/or purchasing ART-TROPE Products. Artist: refers to the natural person(s) or legal entity(ies) registered to the Services on ART-TROPE's websites, corresponding to a digital representation mandate with a one-year commitment by tacit renewal for which ART-TROPE publishes its profile on the websites, a personalized virtual gallery, the online sale of its works of art for which ART-TROPE is remunerated up to 50% on the sold 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. Package(s): refers to the package(s) provided by ART-TROPE to the Artist.
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.
Artist Category: refers to the media used by the Artist in the international Art market according to the answers provided at the time of registration.
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 digital representation mandate with a one-year commitment by tacit agreement. ART-TROPE is in charge of publishing the transmitted elements and the Artist 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, in particular from ART-TROPE's websites and through which ART-TROPE provides the Artist with its Services, accessible at the following addresses: www.art-trope.com, www.art trope.fr, www.art-tropegallery.com and www.letartistscreate.com.
2. Description of the Services
Prices: The prices of the Services sold through the Websites are indicated in Euros excluding taxes and precisely determined on the pages describing the Services. They are also indicated in Euros including all taxes (VAT + any other taxes) on the order page of the Services. 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 customer. 2.1 The ART-TROPE Services available are as follows :
- digital representation package by Art Trope Gallery corresponding to a digital representation mandate of the Artist having subscribed with a one year commitment by tacit renewal ; - Art Coach package realized by Virginie Tison corresponding to a close collaboration between the Artist and the Founder and Curator of ART-TROPE for the support in the development of their artistic career;
- 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.
2.2 ART-TROPE welcomes all Artists who are passionate about their work, from Art School graduates to Artists already represented by galleries, as well as self-taught Artists. ART-TROPE thus allows Artists from all over the world to access quality services dedicated to their needs, accelerating opportunities and careers. ART-TROPE is an Artists’ agency but also a Parisian Art Gallery communicating in French and/or English and/or Chinese.
2.3 Each Package includes a set of services intended to build and maintain the Artist's long-term visibility and is adapted for each Artist according to his/her needs and professional objectives 2.4 The Artist agrees to collaborate with ART-TROPE for one (1) year.
2.5 From the moment the application form is validated by ART-TROPE, the Artist undertakes to pay for the support services by subscribing to the following packages:
- digital representation package by Art Trope Gallery corresponding to a digital representation mandate of the Artist who has subscribed with a one year commitment at 90€ per month, including all taxes, and
- Art Coach package corresponding to 1 hour of collaboration with Virginie Tison at 60€ per month
The essential characteristics of the services and their respective prices are made available to the customer on ART-TROPE's websites. The Artist and/or 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 Artist and/or the Collector, failing which ART-TROPE will inform the Artist and/or the Collector in order to seek solutions to resolve any difficulties encountered. The period of validity of the Services and their prices is specified on the ART-TROPE website, as well as the minimum duration proposed when they
concern a continuous or periodic supply of services. 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 the delivery of the requested services. 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 Service and/or a Package 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.
Similarly, ART-TROPE reserves the right to end its collaboration with an Artist without justification and without any reimbursement.
4. Terms and conditions for the registration of an Artist
The Artist can send his/her portfolio to ART-TROPE and/or can subscribe to a one-hour Art Coach service undertaken exclusively online via the ART-TROPE Websites. The registration will take effect upon receipt of the email of acceptance of his registration and payment of the two packages in force.
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.
5. Duration of the commitment
5.1 The Artist's registration will take effect on the date indicated at the time of validation of the registration (the "Effective Date") and the commitments made by the Artist in connection with the subscribed Services will continue for a period of twelve (12) months. At the end of the current period, the registration will continue by tacit agreement for a further twelve (12) months unless the Artist objects to this beforehand.
5.2 ART-TROPE has no exclusivity with respect to the Artists who subscribe to the Packages and Services.
5.3 The Artist understands and recognizes the importance of the exclusivity attached to his or her subscription to ART-TROPE's Services and Packages and therefore agrees not to subscribe to other services and/or packages identical or similar to those provided by ART-TROPE. It is of course important that the Artist exchanges freely with ART-TROPE in order to establish a relationship of mutual trust and goodwill over the long term.
6. Price of Additional Services
6.1 Each Artist who has subscribed to the Packages and/or Services has access to the prices on ART-TROPE's websites.
6.2 The price of the Services offered is subject to the application of French VAT equal to 20% for the Artist residing in France but does not apply for any Artist residing abroad. 6.3 The Art Coach Services offered by Virginie Tison, Founder and Curator of ART-TROPE, are not subject to VAT.
7. Payment of Services
7.1. The Artist and/or the Collector will have to follow a series of steps specific to each Service offered by ART-TROPE in order to carry out his or her order. These steps are described below:
- Artist and Art Coach Services available on the websites:
* Information on the characteristics of the targeted Service;
* Choice of the service and the number of hours;
* Indication of essential data of the Artist (identification with an email, bank information, etc); * Acceptance of the present General Terms and Conditions of Sale ;
* Validation of the order;
* Verification of the elements of the order, and if necessary correction of errors; * Receipt of a confirmation email including a link to Virginie Tison's calendar to schedule the telephone interview in order to carry out the subscribed Service at the Artist's convenience.
- Collector and purchase of Products available on the websites :
* 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.
7.2. The payment of the Services 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. 7.3 Sums paid for the Services are not refundable. ART-TROPE does not take in charge the bank charges incurred or the taxes paid when subscribing to the Service and/or when purchasing a Product.
7.4 The Services are subscribed to by the Artist on a personal basis and are non-transferable. 7.5 For secure online payment, the Artist is sent to the server of the company Stripe which ensures the security of the transaction. The Artist's Registration for the service subscribed to and/ or 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. 7.6 ART-TROPE warns the Artist and/or the Collector 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.
7.7 The Artist and/or 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. As soon as the registration is validated and payment is made, ART-TROPE will not grant any reimbursement for any reason whatsoever.
7.8 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.
7.9 ART-TROPE cannot be held responsible for any misappropriation or fraudulent use of any means of payment.
ART-TROPE may terminate the Artist's subscription with immediate effect and without reimbursement of the price of the Service subscribed to 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.
Notification under the above provisions will be made by any written means: email, fax, registered letter with acknowledgement of receipt and under these conditions, no reimbursement will be made by ART-TROPE without the need to justify.
9. Confidentiality, data protection and additional services
Each Party will maintain the confidentiality of all specific provisions of the package and/or service and/or product subscribed/purchased 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 Artist and/or the Collector of the ART-TROPE Websites and when this use is considered incompatible with the subscribed service and/or 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. ART-TROPE's obligations to the Artist
For the artist the gallery is the privileged place where the public can be in physical contact with the works, in their true format, texture and volume. There is no exclusivity; ART-TROPE has several Artists and the Artist has several galleries, but everything is done by mutual agreement and with respect for the respective interests. The success of a gallery and an Artist can only be achieved in the long-term if there is a reciprocal commitment of fidelity and trust. Thus, the objective of this long-term collaboration is for the Artist to develop their approach and creativity and for ART-TROPE, through exhibitions, to allow the public to become familiar with their name and their work and for Collectors to follow their evolution. In the long term the name ART-TROPE becomes synonymous with the name of its Artists.
10.1 ART-TROPE is committed to represent, disseminate and sell its work without any commitment of results.
10.2 The collaboration between ART-TROPE and the Artist within the Art Coach Services allows for effective communication on the subjects of the Artist's work and exhibitions. 10.3 ART-TROPE undertakes to provide the various Services subscribed to by the Artist. ART TROPE will make every effort to maintain the ART-TROPE Websites without dysfunction or error. The Artist understands and acknowledges that in the state of the art, ART-TROPE cannot guarantee that the Sites are free of defects or any other anomaly that may affect their operation. ART-TROPE will not assume any responsibility for any lack of access to the ART-TROPE Websites caused by software used by the Artist when entering information on the said Websites. 10.4 ART-TROPE reserves the right to check the content of the information communicated by the Artist prior to putting it online.
10.5 ART-TROPE may be authorized by the Artist to make minor corrections such as spelling, syntax and font corrections without the Artist's prior consent. The Artist will in all cases be informed, by an email to the email address declared at the time of registration, of the final version of his or her Artist Profile as soon as it is posted online.
11. 11. The Artist's obligations towards ART-TROPE
The Artist considers the gallery as an equal partner and understands that what is bad for ART TROPE is also bad for the Artist. There is no exclusivity, ART-TROPE has several Artists and the Artist has several galleries, but everything is done by mutual agreement and in respect of the respective interests. The success of a gallery and of an Artist can only be made on the long term, if there is a reciprocal commitment of fidelity and trust. Thus, the objective of this long-term collaboration is for the Artist to develop his approach and creativity and for ART-TROPE, through exhibitions, to allow the public to become familiar with their name and their work and for
Collectors to follow their evolution. In the long term the name ART-TROPE becomes synonymous with the name of its Artists.
11.1 The Artist undertakes not to reproduce a large number of his works since ART-TROPE positions itself as an Art Gallery under the name of Art Trope Gallery.
11.2 The Artist commits to exchange with ART-TROPE in a transparent way concerning the sales of his Artworks.
11. 3 The Artist will not use the ART-TROPE Websites to publish, transmit, distribute or create a link with any element (i) that is false or misleading, (ii) that is discriminatory, defamatory, insulting or contrary to good morals, inciting discrimination, hatred or violence against a person or group of persons because of their origin or their belonging or not belonging to a specific ethnic group, nation, race or religion, or their gender, sexual orientation or disability, (iii) violating private life or public order, (iv) violating the legal provisions relating to the press or the protection of youth, (v) infringing any property right of a third party and in particular an intellectual property right, or (vi) otherwise damaging to third parties and/or the regulations in force and/or morality. 11.4 The Artist agrees not to use or attempt to use any search engine, software, tools, agent or other system or mechanism to browse or search the Site other than the search engine and agents that ART-TROPE makes available on the ART-TROPE Websites. More generally, the Artist undertakes not to use the ART-TROPE Websites or the Services provided to him/her on or through the Site in such a way as to cause any interruption, deterioration, decrease in performance or prevent by any means the operation of all or part of the Site or said Services. 11.5 The Artist agrees not to transfer the purchased Services to ART-TROPE including, but not limited to, any advertisement to any other third party.
11.6 The Artist strictly refrains from proceeding with any substantial extraction, whether manual or by automatic extraction, of the content of the ART-TROPE Websites, and more generally, from infringing on ART-TROPE's rights as producer of the database concerned.
11.7 The Artist nevertheless remains solely responsible for the information he or she communicates to ART-TROPE and guarantees ART-TROPE against any claim made or action brought against him or her on the basis thereof.
11.8 The Artist undertakes to promptly remove any information that has become irrelevant and/or incorrect upon a simple request by email from ART-TROPE, without any obligation of justification. 11.9 The Artist authorizes communication on the elements transmitted to ART-TROPE and is fully aware that ART-TROPE will not be able to delete the information at the Artist's request for various
reasons, but ART-TROPE undertakes to the Artist who has withdrawn from the ART-TROPE websites his or her profile as an Artist presenting his or her artistic work.
11.10 The Artist undertakes to charge the same prices in his or her studio as within ART-TROPE at the risk of being permanently excluded. In any case, it is always favorable to exchange with your buyers within ART-TROPE.
12. Limitation of responsibility
12.1 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.
12.2 ART-TROPE is only bound by an obligation of means regarding the continuity of its online Services. 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 services ordered.
12.3 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.
12.4 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.
12.5 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.
12.6 The Artist understands that ART-TROPE acts as a sales deposit and will ask for an invoice for 50% of the total amount including all taxes of the sale price validated by the Artist. The amount of this invoice corresponds to the Artist's commission and the Artist undertakes to remain faithful to the financial agreement previously accepted.
12.7 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.
12.8 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.
13. 13. 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.
ART-TROPE reserves the right to modify and supplement the General Terms and Conditions of Sale at any time, without notice and without compensation.
15. 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.
16. Intellectual Property
16.1 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. 16.2 In order to allow ART-TROPE to provide the Services, 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.
16.3 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.
17. 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 the proposed Services.
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.
19. 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: January 14, 2021. 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