These General Conditions of Sale (hereinafter the “GTCS”) apply in addition, as regards the Buyers, the Buyers’ CGUs and, as regards the Sellers, the Sellers CGUs, in which the terms are defined in capital letters used in these GTC.
The GTC apply to all sales of Products made through the Service between the Seller and the Buyer via ARTree. They are intended to govern relations between Sellers and Buyers of Products via ARTree, excluding those which are formed between Buyers and ARTree or between sellers and ARTree. The relations between the Buyers and ARTree are governed by the Buyer T & Cs. The relationships between Sellers and ARTree are governed by the Seller T & Cs.
ARTree is not the seller of Works purchased through the Service; only the Seller, whose name is indicated on the description of each Product, is the contracting partner of the Buyer for the purchase of said Products. The Products can therefore neither be returned nor exchanged by ARTree.
I – Conclusion of the contract of sale
Between the Buyer and the Seller (Gallery or Artist named in the description of the work)
1) The Works are presented on the Site with a description allowing the Buyer to know their essential characteristics and their price.
2) The Buyer selects the Work (s) he wishes to buy.
3) He validates his choice of work (s), reads and accepts these GTC by clicking on validation. He chooses his method of payment between a payment by bank card or by bank transfer to the ARTree account. If he chooses payment by bank card, he immediately proceeds to payment. If he chooses payment by bank transfer, he proceeds to this operation as quickly as possible so that payment is actually received within 5 working days on the ARTree bank account.
4) The Buyer receives an email confirming that his order has been taken into account. The sales contract concluded between the Buyer and the Seller via ARTree is subject to the condition that the Product is available and that the transfer has been received if the Buyer has chosen this method of payment.
5) The Seller is informed by ARTree that one or more of the Works that he has posted online has been the subject of an order.
6) The Seller undertakes to confirm and / or deny the availability of the Work (s) ordered by the Buyer within 7 days of the information received as referred to in point 5) . In the event that the same Work is the subject of an order by several Buyers at the same time, and depending on the availability of this Product (single work), it will only be sold to the first Buyer who registers his order . The order will then be canceled for the other Buyers.
7) Once the availability of the Work (s) confirmed or denied by the Seller, an email is sent by ARTree to the Buyer to inform him of the availability or not of the Work (s) ordered ( s).
8) In the event of confirmation of the availability of the Work (s) by the Seller, the resolutive condition attached to the sales contract concluded between the Buyer and the Seller via ARTree is lifted; the Seller makes a firm commitment to deliver the Works or to make them available at the point of sale within the deadline.
In the absence of confirmation of the availability of the Work (s) within the period referred to in point 6), or of non-receipt of the transfer by ARTree within 5 working days from the date of validation of the order, the contract concluded between the Buyer and the Seller via ARtree is automatically terminated and each of the parties is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited or will be reimbursed in full.
However, only the contract for the sale of the unavailable work (s) is covered by this resolution.
9) In the event of confirmation of the availability of all or part of the Works ordered by the Buyer and confirmation of the receipt of the transfer by ARTree if the Buyer has chosen this method of payment, said Works are sent by the Seller or withdrawn by the Purchaser in accordance with the procedures set out in article 4.
II – Price and payment
The purchase price of the Works is fixed by the Seller. It is mentioned in euros inclusive of tax on the description sheet, but excluding delivery costs, the latter being specified during the validation of the shopping basket. If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Purchaser and are their sole responsibility, both in terms of declarations and payments to the competent authorities and / bodies. It is up to him to obtain information from the competent authorities.
Payment for purchases made through the Service can be made by bank card to ARTree which collects the corresponding amount, in the name and on behalf of the Seller.
Payment for purchases made through the Service can also be made by transfer to the ARTree account. The transfer must be made within 5 working days from the date of the order.
III – Security of payments
ARTree has adopted as a means of payment on the Internet the STRIPE solution (see their website for more information).
ARTree has in no way access to confidential information relating to the means of payment that the Customer uses during payment. This is why the Customer’s bank details will be requested for each new order. Indeed, only STRIPE has confidential information that remains inaccessible to third parties.
You can also pay via bank transfer to the ARTree account.
IV – Sell on ARTree
The Seller can be a gallery or an artist. Everyone’s status will be posted on the web.
The different steps to follow if you want to sell a work (s):
4.1 Sale procedure: After validation of your application to exhibit and sell on the ARTree site, you will receive a link by email allowing you to fill out a contact form. An electronic signature will be required and you will have the obligation to accept the GTC in full by checking a box provided for this purpose.
You can modify your information by sending us your new contact details via the link received by email.
4.2 As soon as we have all this information, ARTree will create the advertisement of your lot on the Web accordind to your contract. You agree to keep us informed as soon as possible as soon as a work is no longer available in order to maintain the seriousness of ARtree.
4.3 The Buyer selects the Work (s) he wishes to buy.
4.4 He validates his choice of work (s), reads and accepts these GTC by clicking on validation. The buyer chooses his method of payment between a payment by bank card or by bank transfer to the account of ARTree. If he chooses to pay by bank card, he immediately proceeds to payment. If he chooses payment by bank transfer, he proceeds to this operation as quickly as possible so that payment is actually received within 5 working days on the bank account of ARTree.
4.5 The Buyer receives an email confirming that his order has been taken into account. The sales contract concluded between the Buyer and the Seller via ARTree is subject to the condition that the Product is available and that the transfer has been received if the Buyer has chosen this method of payment.
4.6 The Seller is informed by ARTree that one or more of the Works that he has posted online has been the subject of an order.
4.7 The Seller undertakes to confirm and / or deny the availability of the Work (s) ordered by the Buyer within 7 days of the information received as referred to in point 5). In the event that the same Work is the subject of an order by several Buyers, and depending on the availability of this Product (single work), it will only be sold to the first Buyer who registers his order. The order will then be canceled for the other Buyers.
4.8 Once the availability of the Work (s) confirmed or denied by the Seller, an email is sent by ARTree to the Buyer to inform him of the availability or not of the Work (s) (s) ordered.
4.9 In the event of confirmation of the availability of the Work (s) by the Seller, the resolutive condition attached to the sales contract concluded between the Buyer and the Seller via ARTree is lifted; the Seller makes a firm commitment to deliver the Works or to make them available at the point of sale within the deadline.
4.10 Once the work or works have been delivered and the withdrawal period has elapsed ARTree will send you an invoice for the exhibition costs which are 25% of the total price of the work or works sold via its service without counting delivery costs which are borne by the buyer. A commission of 5% on shipping costs will be charged to the seller if the shipping price exceeds 100€. The payment of the sums received for your account via ARtree, will be made by bank transfer to your account.
4.11 The use of a buyer’s personal information is only permitted to organize and complete a transaction. You must not and cannot sell directly to our buyers once we have provided you with their contact details. You must always go through ARTree. Using personal information for any other purpose violates our Sales Policy and Terms of Service and may result in your account being suspended.
V – Right of withdrawal
In accordance with the legal provisions in force, as part of a purchase made from a professional Seller established in the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), l ” The buyer, if he is a national of this area, has a period of 14 days from receipt of the work (s) ordered to exercise, with said seller, his right of withdrawal, without having to justify reasons or pay a penalty.
For any purchase made from a Seller who is not a member of the European Economic Area or if the Buyer is not himself a national of this area, this right of withdrawal does not apply.
The Buyer exercises his right of withdrawal directly from ARTree by sending an email to the address serviceclient@artree.fr ARTree or by post to ARTree 4 square Albert Bartholome 75015 Paris and will then notify the Seller by sending an email. The return of the work will be at your expense with the return costs. You are also responsible for:
You must return the goods to the seller no later than 14 days after sending your withdrawal.
You must pay the direct costs of removal.
Also at your expense:
the additional costs of delivery of the goods if you have chosen a delivery method more expensive than the delivery method usually offered by the seller (for example: if you expressly choose express delivery within 24 hours, when the professional had offered a method ordinary delivery resulting in lower delivery costs, you bear the cost difference between these two types of delivery)
ARTree will reimburse the Buyer for the price of the Work, the shipping costs via the seller and the return costs are your responsibility.
ARTree’s refunds to the Buyer will be made once the Seller has notified ARTree of the good reception of the work.
The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent).
VI – Litigation and Disputes
In general, the Seller undertakes to deliver quality service to Buyers.
As such, any Buyer has the possibility of reporting by sending an email to ARTree at the address serviceclient@artree.fr, within 14 days of receipt of any Work, any complaint concerning the Works ordered , according to the following criteria:
- Work not received: the Work has not been received by the Buyer.
- Non-conforming work: the received work does not correspond to the work ordered.
- Damaged work: the received work is damaged or broken
In the event of a Buyer’s complaint concerning a Work, once the Seller is informed of said claim by sending an email from ARTree, the Seller makes his own business of resolving the dispute between him and the ‘Buyer. Disputes are directly settled between the Buyer and the Seller, ARTree will put them in direct contact. The Seller must make its best efforts to resolve the dispute between it and the Buyer amicably.
Depending on the case, the declared dispute will give rise either to the return of the Work ordered and to the refund of the Buyer by ARTree as long as the seller has not been paid, or to the partial or total refund of the Buyer only.
In the event of return of the Work by the Buyer, it will be up to the Seller to organize the return of the Work and to bear all of the costs.
In this case, the price of the Work (s) purchased and the shipping costs paid by the Buyer when placing his order will be reimbursed by the Seller via ARTree once the Seller has notified ARTree of the good reception of the work.
VII – Personal data
In addition to Article 6 of the Buyer’s Terms of Sale and Article 8 of the Sales Terms and Conditions, the Buyer and the Seller are informed that all the data collected as part of the Service when placing orders are processed by ARTree for the purpose of processing such orders.
The information and data of the Buyers relating to the delivery are transmitted by ARTree to the Sellers for the sole purpose of allowing them to dispatch the Works ordered. They can not under any circumstances be used for other purposes.
Each Seller has access only to personal data provided by the Purchasers of its Products to ARTree when ordering.
The Vendors undertake to ensure the security of the personal data that they keep for the needs of the realization and the follow-up of the orders.
In case of difficulty concerning the processing of these data, the Buyer and the Seller may apply directly to ARTree, under the conditions set, as the case may be, in the Buyer’s T & Cs or Seller’s T & Cs.
VIII – Partial invalidity
If one or more stipulations of the present GSC are considered as invalid or declared as such under a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain all their force and all their scope.
IX – Applicable law
These general conditions are subject to French law. Any dispute relating to their interpretation and / or execution falls within the jurisdiction of the French courts.
