The purpose of these Buyer Terms and Conditions is to define the conditions under which ARTree makes available to the Purchasers, as part of the Service, technological tools to purchase Works from ARTree.
2- Description of the Service
The Service consists of a set of tools allowing Buyers to register on the Site, to get in touch with the Sellers via ARTree in order to place orders for the Works, to pay the price of the Works and to confirm the reception of works.
Transactions made via the Service for the purposes of the purchase of the Works are concluded directly between the Buyer and the Seller via ARTree. ARTree is in no way reseller of the Products offered by the Sellers through the Service. Thus, Works purchased through the ARTree Service can not be taken back or exchanged by ARTree but by the sales gallery.
In a constant effort to improve the quality of services and to better select its partners, ARTree invites you to share with it all your comments and suggestions that you may wish to bring to its attention regarding the quality of transactions carried out by the intermediary of the service.
For this purpose, ARTree provides you with a contact form.
In case of non-compliance with these Buyer’s Terms, ARTree reserves the right to interrupt temporarily or permanently access to the Service to the Buyer concerned.
Each Buyer undertakes to conclude the purchases in good faith.
3- Access to the Service
In addition to the acceptance of these Purchaser Terms, access to the Service is subject to the opening of an account on the Site. To do this, you must provide the data for your identification. When opening the account, you agree to provide only accurate information and then inform ARTree without delay of any changes affecting them, using the contact form.
To use the Service, You must use the username and password created when opening your account. You agree to keep them secret and not to disclose them to any third party. You will be solely responsible for accessing the Service with your username and password, unless there is evidence of fraudulent use that is not attributable to you.
In the event of loss, misappropriation or fraudulent use of your username and / or password, You agree to notify ARTree immediately by using the contact form.
4- Service Price
Opening an account and using the Service are free. Only the purchase of Artworks to Sellers via ARTree is paying, under the conditions provided in the GTC.
5- Personal data
Information and data about you are processed by ARTree. They are essential for managing your account and your access to the Service. The information required for delivery will be transferred to the Seller for this purpose only. This information and data is also kept for security purposes, in order to comply with the legal and regulatory obligations, if any, to ARTree, and as well as to enable us to improve and personalize the services we offer you and the information that you we adress you.
In accordance with the law known as “Informatique et Libertés” of January 6, 1978, You have a right to oppose, access, rectification and deletion of personal data about you, under the conditions provided by law. To exercise them, simply write to us online via the contact form, indicating your last name, first name, e-mail and address. In accordance with the regulations in force, your application must be signed and accompanied by a photocopy of an identity document bearing your signature. An answer will be sent to you within a maximum of 2 months following receipt of the request.
6- Intellectual property
All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property, for the duration of protection of these rights and for the whole world. As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use, subject to different or even more restrictive provisions of the Code of Intellectual Property, is allowed.
Any reproduction, representation, modification or adaptation, in whole or in part, of the Site and / or all or part of the elements found on the Site or which are incorporated in it is strictly prohibited.
The Buyers undertake to make their best efforts to report to ARTree any infringement of intellectual property right they would see.
7- Liability and guarantees
The use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, or translations of the Site in languages other than French and especially those relating to technical performance; response time to view, query or transfer information; and the risks inherent in any connection and transmission over the Internet.
Consequently, in the absence of any breach by him, ARTree can not be held responsible for any damage that may be suffered by a Buyer, in particular and without this list being exhaustive:
Operational or information losses resulting from possible malfunctions, failures, delays or interruptions in access to the Internet;
Transmission and / or reception of any data and / or information on the Internet
Consequences of any virus, computer bug, anomaly, technical failure
The failure of any receiving equipment or communication lines;
The loss of any email and, more generally, the loss of any data
Any damage to the computer, PDA or smartphone etc. an Internet user who connects to the Site
Any technical, hardware or software failure of any kind that has prevented or limited the possibility of using the Site or having damaged the system of a user who connects to the Site
Any obvious failure or error (including technical, hardware, software, price display, translation etc … of any kind, having prevented or limited the possibility of using the Site or misleading a user who connects to the Site
It is the responsibility of any Internet user to take all appropriate measures to: (i) protect his own data and / or software stored on the computer equipment he connects to the Site, against any infringement (ii) be able to assess whether there is a manifest error in the information displayed on the Site (by sending an email via the contact form) so that any useful checks can be made, if necessary to correct the erroneous information.
The responsibility of ARTree towards the Purchaser can be committed only for facts that would be exclusively attributable to him and that would cause him harm directly related to these facts. It can not be held liable for consequential damages. The responsibility of ARTree can not be engaged because of the misuse of the Service by the Buyer or any fault on his part. Nor can it be held liable for facts attributable to a third party to the Service.
By using the Site, the Buyer declares that it is fully informed of the characteristics and constraints of the Internet, that it is solely responsible for the information it provides in connection with its account on the Site and its relations with the Website. other users of the Service.
In addition, in accordance with Article 6-I, 2 and 3 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, ARTree can not be held liable for the content made available on the Site by the Buyers or the Sellers, in particular as regards the description of the Products, unless it did not make them promptly inaccessible after being informed of their illegality under the conditions provided for by this law.
Finally, ARTree disclaims any liability with respect to sales concluded by Buyers through its Service with Sellers, to which it remains foreign. Any complaint relating to the comments on the product description or the deliveries of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this regard.
The Buyer is solely responsible for the use he makes of the Service.
The Buyer undertakes, on first request, including in the event of a non-final court decision, to indemnify and compensate ARTree for any damage, loss, loss of profits, complaint, liability and costs, including fees and consulting costs. that ARTree should be held liable if its liability was engaged by a third party, because of a claim or action related to this use of the Service by the Buyer.
Buyers are informed that ARTree can communicate all information relating to them, including registered, to the competent authorities responsible for the repression of fraud and offenses.
8- Partial invalidity
If one or more stipulations of these Buyer’s Terms are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain their full force and their reach.
9- Duration and validity
The Buyer is subject to these Buyer’s Terms and Conditions as soon as he is registered on the Site and until the deletion of his account, whether or not the latter makes transactions on the Site.
ARTree reserves the right to modify these Buyer’s Terms and Conditions at any time.
The modified Buyer Terms will be posted on the Site. The Purchaser will be kept informed of the changes by sending an email from ARTree to the e-mail address indicated by the Buyer when registering for the Service.
The applicable Buyer’s Terms are those in force on the day of use of the Site’s services by the Buyer.
10- Applicable law
These Purchaser Terms and Conditions are subject to French law. Any dispute relating to their interpretation and / or execution falls within the jurisdiction of the French courts.