General conditions of use for the Buyers ArtPhotoLimited Platform

These conditions of use govern the registration as a buyer on the platform ArtPhotoLimited and determine the extent of the obligations of the company ArtPhotoLimited, designer and owner of the platform, as well as the ones of the buyers acting as such.

The service offered by the platform is managed by the SAS ArtPhotoLimited, registered at the Bordeaux trade and companies register (Siret n°820 179 687 000 18), with headquarters located 109bis cours du Médoc, 33300 Bordeaux, and represented by its President Mister Louis ALBERT.

The ArtPhotoLimited platform allows the connection between customers and :

  • Professional photographers (hereinafter 'the Photographers') wishing to sell numbered and signed prints, meeting the definition of the work of art within the meaning of article 98A of Appendix III of the French General Tax Code , and Internet users (hereinafter 'Buyers'), desiring to acquire the said photographic prints.

  • Media groups (hereinafter referred to as 'Les Medias') wishing to sell prints, numbered and not numbered photographs or Unes appearing in their supports (newspapers, magazines ...) and Internet users (hereinafter 'Buyers'), desirous of to acquire said photographic prints.

Creating an account in the conditions detailed below constitutes acceptance of this regulation and authorization given to ArtPhotoLimited to allow the connection between the parties and to manage the technical platform used for the exchanges between the parties.

Independence of the parties

ArtPhotoLimited offers the access to the platform, and commits to ensuring the technical functioning of it.

The sales are made by and on behalf of the Photographers, who issue themselves the invoices upon request of the buyers.

The artworks are presented and described by the Photographers, and they are solely responsible for the comprehensiveness of the description provided and for the conformity of the artwork to this description

Furthermore, the Photographers must respect the legal limits allowing to consider prints as artworks. Henceforth, all the prints available for sale on the platform ArtPhotoLimited are artworks in the fiscal sense of the term, as determined by the French law (prints signed and numbered by the author, produced in maximum 30 copies including all sizes and mountings). The Photographers are solely responsible for the respect of these legal limits.

The Buyer will finalize his/her puchase based on the description of the artwork provided by the Photographer (mounting, size).

ArtPhotoLimited will only undertake the obligations linked to the management of the technical platform as well as to the printing of the photograph by an external provider.

For this reason, and under the law n° 2004-575 of 21 June 2004 for trust in digital economy (LCEN), ArtPhotoLimited will not be liable for the contents made available on https://www.artphotolimited.com by the Photographers (mainly prices, previews of the artworks, description of the artworks….) except if ArtPhotoLimited did not make them quickly unavailable after being notified of their illicit character in the conditions described by the law for trust in digital economy.

Furthermore, the sale of the artwork occurring only between the Photographer and the Buyer, ArtPhotoLimited will not be liable for the sale in question, of which ArtPhotoLimited is external.

Registration of the buyers on the platform ArtPhotoLimited

The Buyer creating an account on the platform ArtPhotoLimited must provide complete and updated details, as well as a valid email address. He/she will undertake the consequences of any mistake or omission in the insertion of his/her details. He/she is aware that the accuracy of these details makes mainly possible an efficient delivery of the photographic prints bought to the Photographers through the platform.

The Buyer will create one single account and commits to not creating any alias or derivated account, using his/her identity or the one of third parties. Any breach of this commitment could trigger the suspension or the deletion of the account in question. He/she will not give his/her username and password to a third party and will be liable for any connection or order made by a third party to whom he/she would have given his/her login information, knowingly or negligently.

ArtPhotoLimited reserves the right, in the context of fight against fraud and in order to ensure the security of the transactions made through its platform, to verify the identity and the legal capacity (mainly the civil majority) of the Buyer at the time of his/her registration or of an order.

Order process

The price indicated for each photograph in the description form of the photograph does not include the shipping fees. If applicable, the shipping fees are added to the price of the photograph before final validation by the Buyer.

After confirming the content of his/her order and accepting these general conditions of use, and the obligation of payment of the order, the Buyer will definitively validate his/her order by its actual payment. The order will be valid and taken into account only after the full payment of the price of the photograph and the shipping fees.

The Buyers can pay by credit card. The fundraising activity being regulated and covered by the monopoly of the payment services providers, the payment made by the Buyer for the profit of the Photographer is managed by our partner Stripe. Stripe is certified as a Payment Institution in accordance with article L. 522-1 of the Monetary and Financial Code by the Prudential Supervisory Authority and with Resolution ACPR on 24 December 2012. This information is available at any time on the website https://www.regafi.fr.

Any order coming from a Buyer who would have not paid, fully or partially, a previous order or with whom a payment dispute would be ongoing could be denied.

ArtPhotoLimited will systematically confirm by email to each Buyer that the order has been taken into account.

Upon reception of the payment, the sales contract between the Photographer and the Buyer will be definitively concluded.

Copyright

The Buyer is aware that the artworks sold through the platform ArtPhotoLimited are subject to copyright. According to article L111-3 of the French Intellectual Property Code, the ownership of the mounted artwork (the print bought via ArtPhotoLimited) does not give any copyright on the artwork. Henceforth, the Buyer is informed and aware that he/she is not authorized to reproduce, modify, commercialize or exploit the artwork in any way.

Any breach of these rules would constitute counterfeit that may lead to prosecution by the Photographers.

Precautions linked to the nature of the artworks

The Buyer is also aware that the photographic prints must be displayed and handled with care. Attention is drawn to the following precautions :

  • No direct exposure to the sunlight
  • No hanging outside, except on specifically adapted mounting, described as such in the product description
  • No hanging in humid rooms, or rooms subject to foam (kitchen, bathroom).

Order tracking

The platform ArtPhotoLimited allows the tracking of the orders made by the Buyer to the Photographer. The prints are made by a reliable provider who informs ArtPhotoLimited about the shipping of the order to the address given by the Buyer.

The Buyer commits to communicating with the Photographer exclusively on the platform ArtPhotoLimited. ArtPhotoLimited will not give any guarantee or any tracking in case of communications made outside the platform.

Production and delivery times

The timeframes announced for the production and the delivery are given in working days and for information purposes only. They can slightly vary depending on circumstances outside the control of ArtPhotoLimited (disruptions or strikes within the transport or logistics providers, technical difficulties).

The Buyer chooses among the shipping options available for each photograph.

Claim for non-receipt or lack of conformity

The Buyer who wishes to inform ArtPhotoLimited about a difficulty occurred when receiving the artwork, or about the non-reception, will send an email to the address customer.service@artphotolimited.com.

  • Damaged parcel

The Buyer will make the usual reservations to the carrier if the parcel is delivered damaged or open. He/she will proceed with the opening of the parcel in front of the deliverer or carrier, and will inform ArtPhotoLimited within 48h of the difficulties observed, providing if possible pictures of the parcel as it was delivered or the artwork as it is inside the packaging.

The difficulty will then be undertaken by ArtPhotoLimited who will tell the Buyer, after contacting the printer, how to proceed to return the artwork.

The returning fees will be paid by ArtPhotoLimited who commits to making sure the initial order is honored as soon as possible.

The return of an order can be accepted only if the written procedure is achieved by the Buyer. The Buyer will make sure to wrap the artwork in its original packaging, and to give the required care to the shipping. The artwork will be returned to the address given by ArtPhotoLimited.

  • Non-compliance of the order

If the print delivered did not match with the order (wrong image, size or mounting), the Buyer will inform ArtPhotoLimited within the same timeframe (48h), giving the proof of the difficulty. ArtPhotoLimited will indicate to him/her the return procedures, except if both parties agree on a compensation.

Right of withdrawal

Regarding distance selling, and in accordance with the provisions of the Consumer Code (Art. L120-20) the Buyer has a right of withdrawal.

This right can be executed only within 14 days after the actual reception of the parcel, as per the postmark or the dispatch note of the carrier.

The Buyer will notify ArtPhotoLimited of his/her will to execute his/her right of withdrawal through the platform, before returning the artwork. Any shipping without prior formal communication between ArtPhotoLimited and the Buyer will be denied.

ArtPhotoLimited will give the Buyer the packaging and shipping procedures (exclusively in the original packaging) of the artwork. In that case, and subject to the reception of the artwork by ArtPhotoLimited in perfect condition, the Buyer will be reimbursed of the purchase price and the initial shipping fees. He/she will pay however for the shipping fees of the return shipment directly linked to the execution of his/her right of withdrawal.

The reimbursement of the Buyer will be made within 14 days after reception of the artwork, and checking of its perfect condition.

Duration

The acceptance by the Buyer of these general conditions of use creates between the parties a law relationship for an indefinite period. ArtPhotoLimited and the Buyer have the right to terminate at any time the contract that bounds them.

In case of a termination on the initiative of ArtPhotoLimited, the Buyer will be informed of the reasons that led to this decision. On his/her side, the Buyer will terminate at any time and without having to justify his/her decision. Any pending order at the time of the termination by the Buyer must be honored, and will suspend the effects of termination until reception of the artwork and the end of the right of withdrawal.

Availability of the website

The platform ArtPhotoLimited is accessible anytime at the address https://www.artphotolimited.com.However, ArtPhotoLimited will not be liable in case of a failure caused by third parties (mainly the access provider), or in case of force majeure. ArtPhotoLimited therefore commits to making sure the access to the data is restored as soon as possible.

The free creation of an account does not imply the reimbursement by ArtPhotoLimited of your subsription to an internet provider for the data transmitted when connecting on the website.

Privacy

The information given by the Buyers for their registration or their order is intended for ArtPhotoLimited and is used for the treatment and the tracking of the orders, the marketing management and the delivery, as well as to fulfill the legal and statutory obligations of ArtPhotoLimited.

The information given by the Buyers for their order could be transferred to the providers of ArtPhotoLimited for marketing management and delivery purposes. In this context ArtPhotoLimited guarantees to have taken the required measures to legally frame this data transfer, mainly by making the appropriate procedure with the CNIL (French data protection authority).

If he/she fails to provide correct information, the Buyer will be solely responsible for the wrong delivery or the loss of a print in the context of an order, and will not be allowed to make any claim.

At any time, the Buyer is able to modify the information given through the section « My account », to which he/she has free access.

The data collected by ArtPhotoLimited are subject to treatment and to a declaration in accordance with the law 78-17 of 6 January 1978 called « Loi Informatique et Libertés » (« Data Protection Act ») and have been subject to a declaration at the CNIL (Declaration n° 1965905 v 0).

The Buyers have, in accordance with the law, a right of access, rectification or removal of their data. For any request of removal or modification, the Buyer is requested to contact ArtPhotoLimited by email at the address : customer.service@artphotolimited.com.

Unless Purchasers expressly oppose it, Buyers are entitled to receive promotional offers from ArtPhotoLimited and / or its Partners (i) by telephone call or by post, or (ii) by email and SMS if Buyers the box in this sense or if they have ordered products or services from ArtPhotoLimited.

Cookies

The personal data collected for the creation of a registration account can trigger the adding by the platform of Cookies to the computer, allowing a faster connection and a fluid navigation on our platform.

However the Buyer is able to disable the cookies, either via the settings of his/her browser, or through other platforms dedicated to the management of cookies.

Amendment of the regulation

This regulation might evolve in time. The applicable general conditions of use of ArtPhotoLimited are the ones that are valid on the day the order is made by the Buyer. The making of any order depends on the complete and unconditional acceptance of these General Conditions of Use.

Applicable law

This regulation is covered by the French law.

Any dispute between ArtPhotoLimited and the Buyers will fall under the French courts.