Mentions légales.
Ce site is the whole property of ARTOSMOSE limited liability company. Any reproduction, even partial, of this site is strictly prohibited.
Site published by:
ARTOSMOSE limited liability company with the capital of 10.000 €
1, place Saint Louis
67000 Strasbourg - France
Telephone: +33 (0) 6 66 13 04 32
Email: contact@artosmose.fr
N° Siret: 508.785 80500013
Intracommunity N° VAT: FR56 508.785.805
Leader: Frederic HAFNER, frederic.hafner@artosmose.fr
Creation and lodging of the site:
NAMEO
13 R Général de Gaulle
67205 Oberhausbergen
Such: 03 88 56 97 26
http://www.nameo.fr
Design and translation : ARTOSMOSE SARL
This Internet site was the subject of a declaration at the CNIL (National Commission of Data processing and Freedoms) on December 22nd, 2008.
In accordance with the law n° 78-17 of the 6.01.78 CNIL n°311 563, you can constantly exert your right of access or of correction of information concerning you by sending an email to us.
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Condition General of Sale and Use of the Site and Services ARTOSMOSE
Preamble
Definitions
Object
Inscription of the Member
Identification of the Member
Duration of the inscription
The Private account or Undertaken
Characteristics of Works
Price of Works
Process of purchase
Expenses of delivery on estimate
Conclusion of the sale
Delivery of Work
Taxes and customs duties
Right of retractation
Complaint
Responsibilities and guaranteed
Various provisions
The Account Artist, Gallery or Collector
Services intended for the Exhibitors
Mandate of sale enters the Artist and ArtOsmose
Obligations for the Exhibitor
Process of sale actual via ArtOsmose
Process of sale not actual via ArtOsmose
Payment with the Artist
Authorization of use of the image of works
Reproduction right of a work
Right of representation of a work
Services intended for the Godfathers (Undertaken and Particular)
Responsibility for the contents diffused on Diffusart
Features of the documents being able to be diffused on Diffusart
Interruptions and carryforward of diffusion of an advertisement on Diffusart
Tariff and payment of sponsorship on Diffusart
Conditions of cancellation of a sponsorship on Diffusart
Applicable duty
Coordinates of the seat of company ARTOSMOSE
Banking coordinates for the payment of a subscription of service
Banking coordinates for the payment of the amount of a work.
Preamble
Internet site www.artosmose.fr belongs to company ARTOSMOSE.
ArtOsmose proposes on its Site a choice of online services in connection with the art, among which the VIRTUAL GALLERY making it possible to consult, expose and buy to original works artists and craftsmen of art; exposing software ARTOSCREEN of works through the screen of computer day before; and finally, numerical tables DIFFUSART posting of the communication of company inserted in virtual exposures of art.
ArtOsmose is not a retailer and does not enter in possession of Works within the framework of the comparison between Exposants and Purchasers, except specific measures. The ArtOsmose company with a role of agent of art elected by the artists to find purchasers with their works.
For the Art galleries and the collectors of original works, the ArtOsmose site is used only as window on the Net and does not take care of the sale of their works.
Definitions
Site: indicate the www.artosmose.fr site managed by the company ArtOsmose limited liability company.
Visitor: designate a Net surfer visiting the Site for a given period.
Member: designate a Visitor registered on the Site after having informed all the obligatory fields in the registration forms and to have accepted the present General terms of Sales and Use. Any Member must be 18 years old completed.
Artist: designate a Member artist-author, liberal artist, initial artist or craftsman of art having elected ArtOsmose to sell its works (Sale in primary market).
Gallery: designate a professional Member elected by artists to sell their works (Sale in first or second market).
Collector: designate a nonprofessional Member wishing to resell an original work belonging to him (sale in second market).
Exhibitor: designate a Member Artist, Galerie or Collector exposing of works on the Site.
Particular godfather: designate a particular Member (not professional) financing the virtual exposure of an Artist on Diffusart.
Professional godfather: designate a professional Member (company, institution, community) financing the virtual exposure of an Artist on Diffusart.
Shelterer: designate a professional Member (company, institution, community) renting or profiting from a loan of Diffusart in its establishment.
Work: indicate an artistic creation original entirely carried out with the hand by the artist and signed by him. Work is single or drawn of limited number of specimens controlled by the artist or his having right.
Services: indicate the three numerical supports of exposure of work: the site Virtual Gallery, the ArtOscreen software and Diffusart table.
Purchaser: designate a Member having indicated his acceptance to buy a work or another article via the ArtOsmose Site.
Subscriber: designate a Member having indicated his acceptance to subscribe to one or more of the Services.
Price: mean the price imposed by the Exhibitor to the Purchasers for the acquisition of his Work.
Offer price: mean the suggested price by the Member with the Exhibitor for the acquisition of his Work.
Expenses of Delivery: indicate the whole of the forwarding costs estimated by ArtOsmose at the time of the sale of a Work (transport, insurance, tax).
Price of the Transaction: indicate the price of payable Work by the Purchaser plus the Expenses of delivery.
Commission: mean the remuneration perceived by ArtOsmose under its intervention in the capacity as agent of the Artist.
Virtual gallery: indicate the service of exposure and sale of works on the Site.
Diffusart: indicate a numerical whole in the shape of table, composed of a screen LCD, a computer, a support of screen and a framework.
ArtOscreen: indicate a software developed by ArtOsmose, allowing to diffuse Works through the screen of day before a computer.
Object
The present general terms of the www.artosmose.fr Site have the aim of defining the conditions by which the Members are authorized to use the services of exposure, to sell and buy Works.
The use of the Site in whole or part implies adhesion full and whole of the Member to the present General terms of Sale and Use and obliges it to conform to it strictly.
In the event of nonrespect by a Member of these General terms, ArtOsmose reserves the right to suspend the account of the Member and to cancel the subscriptions in progress without any allowance.
Inscription of the Member
The proposed services by ArtOsmose are intended for 5 profiles of Customer: Artist, Gallery, Collector, Company and Private individual.
The Members Exposing wishing to sell a work must be registered as Artiste, Galerie or a Collector.
The Members Purchaser wishing to acquire a work must be registered as Particulier or a Company.
The Members Godfather wishing to diffuse an advertisement on Diffusart must be registered as Entreprise.
The Members Shelterer wishing to rent Diffusart must be registered as Entreprise.
A Visitor reaches the statute of Member after having duly and honestly supplemented a registration form on line. The inscription of the Visitor in membership will be effective as from the reception of the email of confirmation of the inscription.
So some of obligatory information were missing or seemed voluntarily erroneous (false identity, addresses eccentric, etc), ArtOsmose reserves the right to remove without notice the Account corresponding Member.
The fact for the User of being registered in membership carries acceptance by this one, completely and without reserve, of the terms of these General terms of Sale and Use and obliges it to conform to it strictly.
Identification of the Member
At the time of his inscription each user of the Site chooses an identifier (its address valid email) and a password. The identifier is single and characterizes the Member. This identifier will be systematically requested from the Member in his exchanges with the Site in order to be able to identify in an unquestionable way the Member and to bring personalized Services to him.
The Member will choose his personal and confidential password. The Member is only responsible for the use of his password and it is committed not to reveal it preserving secret and it in some form that it is.
In the event of loss or of lapse of memory of the password and/or identifier, the Member must use the form envisaged for this purpose and accessible starting from the heading "My account" (forgotten Password?).
In addition, a certain number of functionalities being accessible only to the Exhibitors, the Member is invited to be identified with its parameters of connection (identifier and password) to be able to profit from these functionalities.
Duration of the inscription
The inscription in membership is carried out for one unlimited period, without damage of faculty for each part to cancel unilaterally, constantly, without notice, neither justification, nor allowance, the present contractual relations.
The Private account or Undertaken
The inscription with the Service allows the Member Particular and Undertaken to have Personal a Page space on the Site which is clean for him and it ensures management. The Member will be able to inform his Personal Page with text, photographs and a video.
This Personal Page will be made visible with the Visitors only if the Private individual or the Company sponsored the exposure of an artist on Diffusart.
This Personal Page will be visible by the Visitors since the heading "the godfathers".
This information will be automatically integrated in the message of sponsorship diffused on Diffusart if the Member subscribes to the Service "Sponsorship with advertisement" or "Sponsorship with coordinates".
The personal informations thus put on line by the Members Private individual or Company must be exclusively intended for a noncommercial use. Nonthe respect of this specific measure will involve the immediate suppression and without notice of the account concerned, the ArtOsmose company reserving moreover the possibility of starting legal proceedings with regard to the contravener.
Characteristics of Works
The works presented to the sale are the original artistic creations entirely carried out with the hand by the artist and signed by him. Work is single or drawn of limited number of specimens controlled by the artist or his having right.
The works sold by the Site are delivered with a certificate of authenticity and/or an itemized bill specifying the source and the characteristics of work.
The page of presentation, on the Site, of a work indicates the source of work (Artist, Galerie or Collector) and its market: primary market (first sale of work); or second market (resale of work).
The creator of a work remains titular royalties on his creation, within the meaning of the French law. The rights of representation and reproduction of works present on the www.artosmose.fr site belong to their author and ArtOsmose. Their joint authorization is necessary for any exploitation of these rights.
The rights on a bought work are thus limited to a right of private use, very excluding right of representation and reproduction.
Price of Works
The prices posted on the Site are indicated in euros all French taxes included/understood (French VAT and other applicable taxes, according to the tax statutes of the Exhibitor and Work, declared by the Exhibitor under its own responsibility), except Frais of delivery.
The posted prices are the prices determined by the Exhibitors who reserved the right to modify them constantly.
Works are invoiced on the basis of going rate at the time of the recording of the Order, subject to availability.
The Forwarding costs are indicated on the Site within the framework of the simulation of order or are notified in due course in the event of need for estimate for certain Works.
Process of purchase
The Purchaser indicates his will to buy work while clicking on the button "To buy this work".
The sale is always conditioned by the fact that work is always available at the time of the order.
If Work is exposed by a Gallery or a Collector, the sale cannot be actual via ArtOsmose. The Purchaser must directly contact the Gallery or the Collector by using his coordinates posted on the Site.
If Work is reported on an Artist, the sale can be actual via ArtOsmose. ArtOsmose will manage the sale and the delivery of work (made safe online payment, invoice and consultable certificate of authenticity on line, data-processing follow-up of the parcel, right of retractation during 7 days). For certain Artists whose coordinates are posted, the Purchaser will be able to choose to buy work without passing by the Services of ArtOsmose and will give up the services stated above.
At the time of the passage of the order by the Purchaser, the Site determines the Delivered price which varies according to the characteristics of Work (price, dimension, weight,...) and according to the address of delivery of the Purchaser and the address of removal of the Artist.
One is reminded that each Work sold on the ArtOsmose site is single by its nature even and could not be replaced. Consequently the risk of unavailability is known by the Purchaser at the time of his order and could not justify some allowance that it is on behalf of the Exhibitor or ArtOsmose near the Purchaser.
On the assumption that ordered work would not prove available any more, ArtOsmose will inform of it by email the Purchaser within a 5 days maximum delay. Any transaction of payment already carried out by the Purchaser with the title of the aforesaid the Order would then be cancelled as soon as possible and would thus not be output an account of the Purchaser.
The Purchaser can carry out the payment of the Transaction by bank card (Eurocard, Mastercard, Visa, Credit card). The Purchaser dialogs directly with the waiter of protected payment of his bank which guarantees the confidentiality of the furnished informations. The waiter of protected payment of BNP Paribas carries out the checking of the validity of the bank card used before granting the authorization of payment and confirms the result with ArtOsmose automatically. The flow of the account corresponding to the bank card is carried out only at the time or ArtOsmose confirms the availability of the work ordered by the Purchaser.
For a first purchase whose Price of the Transaction is higher than 300 euros, ArtOsmose will be able to have to ask for the Purchaser documents in proof of identity and residence.
In the absence of the supply of the information required by ArtOsmose within the framework of the validation of the identity, ArtOsmose will be able to cancel the transaction operated by the Purchaser.
Expenses of delivery on estimate
For certain destinations and certain dimensions and/or weight of Works, ArtOsmose must carry out a request for estimate near its people receiving benefits of transport. In this case, the expenses of delivery are not available at the time of the passage of the order by the Purchaser and are replaced by the mention "On estimate" or any explicit mention. The Purchaser then validates his order subject to acceptance by this last of the expenses of delivery communicated by ArtOsmose with the Purchaser within a 48 hours maximum delay as from the validation of his order. During this time ordered single Work is reserved for the Purchaser.
The payment of the carriage Costs will have to be made by credit transfer on the account of ArtOsmose before the forwarding of ordered work.
With reception of the estimate of the expenses of delivery, the Purchaser can choose to confirm his order or to cancel it. Without confirmation, under 48 hours, on behalf of the Purchaser of its acceptance of the estimate, the order will be automatically cancelled by ArtOsmose and Work will be again available to the sale.
In the event of cancellation, on the initiative of the Purchaser or of ArtOsmose, any transaction of payment already carried out by the Purchaser (installment or total payment of the amount of the order) with the title of the aforesaid the order would then be refunded as soon as possible or would not be output on the account of the Purchaser.
Conclusion of the sale
The sale contract is formed between the Purchaser and the Artist since the Purchaser validated his order, that the Artist accepted the purchase offer within the time limit, and that ArtOsmose received the integral payment of the Price of the Transaction.
The Purchaser recognizes that its acceptance of the offer is made in consideration of the description of Work put on sale (video, photographs and text) and that it is worth firm agreement contract with the Artist in the conditions of the offer. Any dispute will have to refer to this description.
Once the concluded sale, ArtOsmose intervenes in the capacity as agent of the Artist within the strict limits and at the only ends of:
To open an account in the books of ArtOsmose, and this in the banking institution chosen by ArtOsmose. The parts are appropriate that this account, known as sequestration, is used only for the cashing of the amount of work on behalf of the Artist.
To deposit the Price of the Transaction paid by the Purchaser on the aforementioned account sequesters.
To make right to the complaints emitted by the Purchaser and this in the respect of these conditions.
To pay with the Artist the Price of Work deduction made of a Commission.
The quality of agent of ArtOsmose, concerning ordered work, ends when the transaction is considered perfect within the meaning of the present ones.
Delivery of Work
A work available is delivered in the 15 maximum days which follow the Order.
ArtOsmose deals with making remove the parcel with the address of the workshop of the Artist.
All the sendings are conveyed with possibility for the Purchaser and the Artist to follow the parcel by means of computer. The number of the parcel their is transmitted by email at the time of forwarding.
It belongs to the Purchaser, in the event of failure or of damage, to issue precise and detailed reserves near the conveyer, during the delivery and at the latest in the three days (excluded bank holidays) by mail with ArtOsmose limited liability company, 1 place Saint Louis, 67000 Strasbourg - France or by email with client@artosmose.fr.
In the absence of obviously of dissatisfaction on behalf of the Purchaser within seven (7) business day, ArtOsmose will regard the delivery as definitively accepted.
The Exhibitor authorizes the Purchaser to deposit a comment on his page of presentation. The appreciation by the Purchaser must be objective and honest, and does not have to comprise any element comparable to an insult or a slandering. ArtOsmose reserves the right to remove any appreciation which would not comply with these rules. The Purchaser is the only person in charge of this appreciation and guarantees ArtOsmose against any complaint of the Exhibitor or a third of this fact.
Taxes and customs duties
The taxes, taxes, right of importation and customs duties likely to be due in the event of reception of an order out of Metropolitan France are with the exclusive load of the Purchaser and his whole responsibility. In this respect, it will have to get information near the qualified national authorities.
Generally, the Purchaser must make sure of the possibilities and conditions of importation of the Work ordered in the country or the territory indicated by him like place of delivery. He will have, if necessary, to discharge any declaration and/or payment near the qualified organizations. The responsibility for ArtOsmose could never be committed of this fact.
Right of retractation
In accordance with the L.121-16 article of the Code of Consumption, the Purchaser has a 7 clear days deadline as from the delivery of his order to turn over work bought in order to exchange it or to be refunded, without penalties.
If this deadline expires one Saturday, Sunday or a public holiday, it is extended until the first next business day. In order to exert this right, the Purchaser must send an email to the following address: client@artosmose.fr by indicating the reason of the reference and by registered letter with acknowledgment of delivery.
No return will be accepted without ArtOsmose gave its agreement to the Purchaser. So that the Purchaser can be refunded, it must return to its expenses and under its responsibility Work to the address that ArtOsmose will have indicated to him. The Purchaser commits himself packing with precaution Work for his transport.
Are excluded from the right of retractation:
- Goods immediately reproducible such as CD, DVD, or another support, when they were loosened (open packing) by the Purchaser.
- Goods manufactured or specifically personalized for the Purchaser.
- Goods likely to worsen or of périmer quickly.
Complaint
Any complaint of the Purchaser relative to a Work, and whatever is nature, will have to be made by email with the address client@artosmose.fr or registered letter with acknowledgment of delivery.
The Purchaser and the Artist concerned with a litigation delegate management of it to ArtOsmose, and commit themselves following the instructions that ArtOsmose will communicate to them in order to treat the complaint as well as possible.
So that the Purchaser can be refunded, it must return to its expenses and under its responsibility Work to the address that ArtOsmose will have indicated to him. The Purchaser commits himself packing with precaution Work for his transport.
The Purchaser must preserve the proof of forwarding of the parcel during a 4 weeks deadline, proof being able to be claimed by ArtOsmose. Any Work turned over to the address indicated by ArtOsmose damaged, incomplete, dirtied or without preliminary acceptance of ArtOsmose will not be the subject of refunding.
The Purchaser accepts that in the event of refunding by ArtOsmose at the time of a litigation with an Artist it to him is refunded only the Price of Work, other than expenses of delivery and any other amount or interests unspecified.
Refunding is carried out exclusively by credit transfer.
Responsibilities and guaranteed
ArtOsmose does not guarantee to the Purchaser that its purchase offer will not be cancelled by the Exhibitor, nor who it will be satisfied with bought Work.
In the same way, ArtOsmose does not guarantee to the Exhibitors that the Purchaser will not exert his right of retractation like his right of complaint.
ArtOsmose reserves the right to suspend, without notice, the whole of the abundant services, without this suspension being able to open right to whatever allowance that it is. ArtOsmose is subjected only to one obligation of means concerning the operation of the Site, and to in no case with an obligation of results.
Because of the characteristics and limits of the Internet, the responsibility for ArtOsmose will not be able to in no case to be committed, in particular in the event of difficulty of access to the Site, the contamination by virus of the data of the Member, the malevolent intrusions of third on the Site, the possible diversions of the passwords, confidential codes. ArtOsmose could be held for person in charge of the indirect damages only could undergo a Visitor at the time of the use of the Site.
The entire amount of the allowances that ArtOsmose could have to pour has a Member for some reason that it is, is limited to the sums actually perceived by ArtOsmose under the services and subscriptions for which its responsibility was retained, since the date where the operative event of its responsibility is, and this, whatever the legal basis of the complaint and procedure employed to make it succeed.
Various provisions
The personal data relating to the Members are collected, recorded and stored in conformity with the provisions of the Relative law to data processing, the files and freedoms of January 6th, 1978. The Members have of the right of access and correction envisaged by the law auprès ArtOsmose responsible for the www.artosmose.fr site.
The pages "Tariffs of the services" and the instructions integrated on the pages of the Site form integral part of these general terms.
ArtOsmose reserves the right to modify the present general terms constantly. It will inform the Members of these modifications by any means. At the time of their coming into effect, the modifications will not affect the sales concluded or in the course of execution.
ArtOsmose reserves the right, constantly, to modify, temporarily stop or in a permanent way whole or part of the service on the site like on Diffusart and ArtOscreen and this without having to inform the Members beforehand of them. ArtOsmose could not be held responsible against the Member or any third for any modification, suspension or interruption of the service on the site. The subscription or service will be prolonged of as much day of failure of the service, or failing this, will be then refunded with the Member.
This contract is subjected to the French right. Any litigation with a Member born at the time of his interpretation or of its execution is competence of the Courts of Strasbourg.
The Account Artist, Gallery or Collector
The inscription as an Artist, Art gallery or a Collector could be the subject of a preliminary validation, on behalf of ArtOsmose, based on information deposited and the quality of the works presented to the sale.
ArtOsmose reserves the right to refuse the exposure of certain Members without having to explain in details the reasons of them.
In this case, if the Exhibitor already subscribed to a subscription, this one will be refunded to him.
The Member Exposing, subscribed to at least a service, will be able to create a Personal Page which is intended to increase its visibility on Internet thanks to the promotion efforts and of referencing Web made by ArtOsmose (on the search engines, by the bonds of partnership, etc).
The personal page is accessible to the Visitors via the Site or directly by typing the address Web http:// "name from the exhibitor" .artosmose.fr
The provision free by ArtOsmose of an exposing Account and Personal a Page space is subjected to the condition, for the Exhibitor, to subscribe regularly to a Subscription of Service.
ArtOsmose is not held to control in a systematic way the contents put on line by the Exhibitor.
ArtOsmose reserves the right to moderate the contents put on line by the Exhibitors, i.e. to control, publish, remove or require corrections, this in order to protect the other Exhibitors and notoriety from ArtOsmose.
The Account of an Exhibitor is terminable constantly by ArtOsmose or the Exhibitor without particular reason by simple notification.
In spite of a suspension for some reason that it is, the Exhibitor remains indebted with the payment of the commissions exigible on a service carried out before the effective date from suspension.
Services intended for the Exhibitors
In order to contribute to the efforts made by ArtOsmose to develop the Site and to develop the notoriety of the Exhibitors, it is asked a financial contribution, called Abonnement, with the Exhibitor so that its Works and its information are present on the Site and other supports of exposure.
Various offers of Subscription are presented on the Site thus the Exhibitor to the possibility of choosing on line the offer which corresponds to him best.
The services are payable only on line by bank card. The services are not tacitly renewed and the Exhibitor will thus owe réabonner at the end of the selected period of subscription. He will be informed, by e-mail, a few days before the end of his subscription.
Modifications of the amount of the Subscription or promotional offers can be installation by discrétionnaire ArtOsmose of way. The tariff applicable to the Exhibitor is that corresponding to the offer which he subscribed and will not be able to in no case to be revised for the contractual period except on the initiative exclusive and exceptional of ArtOsmose.
In the case of a cancellation for nonrespect of the General terms of Sale and Use, the Subscriptions due to the title of the selected formula and for the initial duration of the contract must be paid by the Exhibitor with ArtOsmose.
Service PACK DISCOVERED is reserved to the Artists.
This service makes it possible to expose to 4 works the choice in Virtual Galerie 4, Banner page, ArtOscreen and Diffusart 500. An Artist can subscribe only once with this service and for only one period. He is strictly interdict with a visitor to create a second Account Member Artist in order to profit one second time from the subscription to this service.
The service VIRTUAL GALLERY 4 and 20 is reserved to the Artists, for the Galleries and the Collectors.
This service makes it possible to expose up to 4 or 20 works (photographs, video, price, availability, comments,...). The coordinates of the Exhibitor are posted on his page of presentation. In the case of a work proposed with the sale by an Artist, the visitor will be able to buy work by the means of ArtOsmose or without passing by ArtOsmose by using the coordinates of the Artist. If the visitor decides to place his order via ArtOsmose then (while clicking on "Buying this work") ArtOsmose will perceive a commission of thirty percent (30%) of the selling price all inclusive of tax for this service. In the case of a work proposed with the sale by a Gallery or a Collector, the visitor will not be able to buy work by the means of ArtOsmose and will be invited to directly contact the exhibitor by using the coordinates of this one.
The service BANNER PAGE is reserved to the subscribed Exhibitors with VIRTUAL GALLERY 4 or 20.
This service makes it possible to expose 4 works on the banner page of the Site the www.artosmose.fr address. The posting of four works is made in a random way through eight windows of posting. Each work is posted 5000 times per 30 days period.
Service ARTOSCREEN is reserved to the subscribed Exhibitors with VIRTUAL GALLERY 4 or 20.
This service makes it possible to expose 4 works on the computers of the visitors having downloaded and installed the ArtOscreen software instead of their screen of day before.
Service DIFFUSART 500 is reserved to the subscribed Exhibitors with VIRTUAL GALLERY 4 or 20.
This service to expose 1 work out of 4 numerical tables Diffusart selected by ARTOSMOSE. Work is posted 500 times per 30 days period.
Service DIFFUSART EXPO is reserved to the subscribed Exhibitors with VIRTUAL GALLERY 4 or 20.
This service makes it possible to expose 4 works, during one week, through a numerical table Diffusart chosen by the Exhibitor
Mandate of sale enters the Artist and ArtOsmose
All the Works (of order 1 to 50) deposited on the Account of the Artist and indicated "Available" by this one, are submitted the mandate of sale between ArtOsmose and to the Artist (whom they are posted or not in VIRTUAL GALLERY).
The constituent who is the Artist gives capacity to ArtOsmose to box the amount of the sales near the Purchaser, to establish the invoice and more generally any required document with the outcome of the transaction, to box a flat-rate amount according to the geographical area of destination of Work or an amount on estimate, to organize transport to the address of delivery indicated by the Purchaser during the Ordering, and this with the name and on behalf of the constituent who is the Artist.
ArtOsmose will pay the company directly carrying out the service of transport and will deduce from the transfers made with the Exhibitor the amount invoiced with the Purchaser during the Ordering.
The transmission of the elements necessary to the establishment of the contractual documents takes place at the time of the inscription of the Artist and the criteria which it will have mentioned and selected for each Work. The Exhibitor must provide exact and complete information and bring up to date, if necessary, the furnished informations with ArtOsmose as soon as possible (in particular the reality of the availability of work). The Exhibitor will be able to carry out the modification of information relating to it by using the heading "My Account".
Within the framework of the mandate, it is expressly recognized by the Artist that, in accordance with the law and with the administrative doctrines (B.O.I. N°136 of August 7th, 2003), this one remains held to fill the whole of the obligations and engagements following:
To preserve the whole responsibility for its obligations invoicing its consequences at the glance for the VAT.
To pour with the Treasury the tax mentioned on the invoices established on its behalf and for its account by ArtOsmose;
To claim the double of the invoice immediately if the latter did not reach him;
To announce to ArtOsmose any modification in the mentions concerning the identification of its company or its tax obligations in comparison with the VAT.
Pursuant to this mandate, the Exhibitor commits himself informing ArtOsmose of all the disputes which it could carry out on the invoices emitted on his behalf and for its account within eight (8) business day as from the reception of the invoice, in order to allow ArtOsmose as soon as possible to establish the rectifying invoices.
This mandate is valid as long as one of the two parties does not cancel the Account.
Obligations for the Exhibitor
The Artist or Collector engages so that any sales offer of Work corresponds to a tangible property of which it has full and whole property and capacity of sale, available immediately.
The Exhibitor is only responsible for the good execution of the obligation to inform the Purchasers of the essential characteristics of his Work.
The Exhibitor commits himself providing a complete description of his Work, in an exhaustive and clear way, and does not have to induce in error the Purchaser or the Visitor. In the event of error on the description or certain elements of the offer, like dimensions or the weight of Work, the Exhibitor will assume only the possible overcosts and no complaint of its share will be valid for this reason as well at ArtOsmose as of the Purchaser.
The Exhibitor is the only person in charge of the description of Works which he proposes with the sale (photo, video and text). He guarantees ArtOsmose of any complaint relating to the contents and the form of the aforesaid description.
ArtOsmose will be able to remove or ask for the withdrawal of a work in the following cases:
Several works on the same photograph or video.
Badly tallied images.
Images including/understanding of the incrustations such as: date, addresses Internet, e-mail, price etc...
Works pornographic or considered to be too erotic, works being able shocked, too polemical etc...
A photograph must be with format JPEG (.jpg) and to have a resolution higher than 1000 X 1000 pixels and to make between 300 KB and 4 Mo. A video must be with the format FLASH (.flv), to have a resolution at least of 720 X 576 pixels and not to make more than 30 Mo.
The Exhibitor commits himself making his personal deal of the respect of the legal requirements, resulting from the laws and payments in force in France concerning his activity.
The Artists are held to register itself in order to declare with the tax department the incomes of the sales of their works, like declaring itself at the House of the Artists for the painters, draftsmen and sculptors and with the AGESSA for the photographers. ArtOsmose could not in no case to be held for person in charge of nonthe respect of these obligations.
The Artist authorizes ArtOsmose expressly to use his name, pseudonym of Artist or any other name at ends of exposure, promotion or sale.
If Work is turned over to the address of ArtOsmose in the case of a nonconformity or if the Work sent to ArtOsmose by the Exhibitor is not in conformity with the Ordering of the Purchaser, then ArtOsmose will be able to require with the Exhibitor the refunding of the expenses of return between ArtOsmose and the Exhibitor.
Process of sale actual via ArtOsmose
The Artist east informs by e-mail as soon as a Purchaser orders one of his Works.
The Artist then has a 48 hours deadline as from the sending by ArtOsmose of this e-mail to confirm the availability of this Work. In the event of nonavailability of Work or in the absence of confirmation by the Artist within the above mentioned time, the sale is not concluded and orders it of the Purchaser is cancelled.
The Artist authorizes ArtOsmose to be perceived, on his behalf and for his account, the Price of the Transaction. ArtOsmose publishes with the name and on behalf of the Artists the sale invoice on the basis of furnished information by the Artists under their own responsibility (price, VAT, Siret, identity, coordinates).
The Artist lays out to the 5 business days the maximum, according to the date of acceptance of the purchase offer, to pack work and to hold it with provision of the conveyer of ArtOsmose. The Artist will inform ArtOsmose, through a form on line, date from which the conveyer will be able to come to remove packed work.
The Artist must pack his work in a packing not exceeding 25% of dimensions and the weight of work.
Example: Work makes L.80 X l.60 X H.10 cm and 5 kg, then the parcel will not have to exceed L.100 X l.75 X H.12.50 cm and 6.25 kg.
If the parcel exceeds this limit or if L + (2xl) + (2xH) is higher than 350 cm, then the Artist will have as fast as possible to contact ArtOsmose by email with client@artosmose.fr and to indicate dimensions and the weight of his parcel, without forgotten to point out the reference of work concerned.
The Artist must obligatorily join a certificate of authenticity signed to his sold work. ArtOsmose places at its disposal on its Account, a certificate already supplemented for sold work.
ArtOsmose is given the responsability to make remove the parcel by its conveyer with the address of removal indicated on the Account of the Artist and at the date that this one communicated in the form of acceptance of sale.
ArtOsmose is given the responsability to transmit to the Artist, by email, the form of forwarding (in format pdf) which it must print and stick on its parcel (the driver will give him an adhesive small pocket).
The Artist must, the day envisaged of removal, to place the parcel at the disposal between 13:00 and 16:00.
Process of sale not actual via ArtOsmose
ArtOsmose makes it possible to the Members to directly contact the Exhibitors. A Member can buy a work without using the Sales department On Line of ArtOsmose if the coordinates of the Exhibitor are posted on his Personal Page.
If a sale takes place between the Member and the Exhibitor without the Sales department On Line not being used, then ArtOsmose is any responsible neither in the sale contract nor in his execution. The invoicing, the cashing, the delivery and the services after sale will be completely spring of the Exhibitor.
However and this in order to preserve its notoriety and the other Exhibitors, ArtOsmose will be able to question the Members on the way in which the sale with an Exhibitor proceeded. If it were proven that an Exhibitor did not have a responsible and honest behavior, ArtOsmose could then suspend its account without the Exhibitor not being able to it to be opposed nor to claim some damage or interest.
Payment with the Artist
ArtOsmose is only entitled to give order to the account to carry out the payment, for the benefit of the Artist, the Price of Work deduction made of the Commission.
In remuneration of the abundant services, the Artist authorizes ArtOsmose to retain a commission of thirty percent (30%) on the Selling price of work all inclusive of tax.
ArtOsmose perceives this Commission in its capacity as agent of the conferred Artist of the only fact of acceptance by this one of quoted by the Purchaser and the perfect payment by this Purchaser of the Price of Work.
The Commission is due by the Artist even in the event of return of Work by the Purchaser.
The payment with the Artist is carried out by credit transfer or check, 18 maximum days after the delivery of work to the Purchaser.
The Artist accepts that the payment of the sum can be delayed on the assumption of a complaint emitted by the Purchaser within the time envisaged by the present conditions.
Authorization of use of the image of works
The Artist authorizes ArtOsmose expressly to use stereotypes of his works, transmitted by his care, at ends of promotion and sale (posting on Internet site of ArtOsmose, exposure on its numerical tables Diffusart and its ArtOscreen software), use for the constitution of a support of presentation submitted to the prospective customers of ArtOsmose.
The Artist authorizes ArtOsmose expressly to adapt the format of the stereotypes (in centimetres or pixels), the luminosity and the contrast of those to answer the technical constraints relating to the integration of these works on Internet site and in the support of presentation submitted to the prospective customers of the gallery.
Moreover, the Artists authorize ArtOsmose expressly to encrust a mention identification number and logo on the stereotypes appearing on line and the whole of the supports of promotion. These modifications accepted by the Artist will intervene only with an aim of a development and preoccupation with a protection against the copy of the works put on line.
Reproduction right of a work
The Exhibitor yields on a purely free but nonexclusive basis the reproduction right (L122-3 article of CPI) of his Works on any numerical support existing or to come (database, DVD, ROMANIAN DVD, hard drive of waiters, hard drive of computer, key USB,...) in all the existing formats of recording of the image or to come (.psd, .gif, .jpg, .jpeg, .png, .tiff, .avi, .flv,...). The duration of this transfer is equal to the term of this contract or in conformity with any specific clause of the contract.
By this transfer, the Exhibitor recognizes that its Work, by the fact of the numerical reproduction, can be faded and modified. The Exhibitor will not hold ArtOsmose for person in charge of this deterioration and these modifications.
The Exhibitor declares being informed that ArtOsmose will be able to call upon people receiving benefits who will have the role of preserving in databases, on hard drives and waiters the reproductions of its Works in one of the formats mentioned above or any other format of the image.
Right of representation of a work
The Exhibitor also yields on a purely free basis his rights of representation (article 122-2 of CPI) on Internet of the Works deposited on the Site (Exposure and/or Compte). The duration of this transfer is equal to the term of this contract or in conformity with any specific clause of the contract. The Exhibitor recognizes that the representation on Internet will potentially make it possible each Net surfer of the whole world (France and foreigner) to consult his works exposed on the Site.
The Exhibitor authorizes ArtOsmose to be used, on a purely free basis, his name, first name, pseudonym, company name, at ends of promotion of his Works and Site or ArtOsmose or his affiliated Internet sites. This authorization is valid for the duration of the transfer of the reproduction rights and the rights of representation.
This promotion will be done primarily by the means of the Internet via referencing known as natural (search engines, directories of sites,...), paying referencing, publicity, the drafting of articles, newsletters, the affiliation, the sending of emails, bonds and of any other current or future technique available. Promotion will be able to also have for support the traditional media (radio, television, magazines,...). The objective is to promote the work of the Exhibitors like promoting the Site and ArtOsmose.
If the Exhibitor is a Gallery, she states to have the capacity to yield the above-mentioned rights in the name of each Artist whom she exposes on the Site. ArtOsmose will be able with discretion to ask for the proof of this capacity the Gallery.
The Artists members of the ADAGP and the Galleries representing of the Artists member of the ADAGP state to give their own assent to the use of the aforesaid rights in accordance with the provisions of this article.
Services intended for the Godfathers (Undertaken and Particular)
The services reserved for the Companies are payable on line by bank card, like by check or administrative mandate.
The SIMPLE service SPONSORSHIP is accessible to the Particular Godfathers and Professional Godfathers. This service exposes 4 works of the Artist selected by the Member, during one week, through a numerical table Diffusart. The Member can choose to post his name (or its company name) in the message of sponsorship preceding the exposure. This message of sponsorship is the following: "ArtOsmose (or first name and name or company name of the Member)" chose to sponsor the artist "name of the Artist selected by the Member" by presenting 4 of its works to you. Sponsorship is posted 150 times per 7 days period.
The service SPONSORSHIP WITH COORDINATES is accessible to the Particular Godfathers and Professional Godfathers. This service exposes 4 works of the Artist selected by the Member, during one week, through a numerical table Diffusart. The Member posts his name (or its company name), his photograph (or logo), his coordinates and of the free text in a message of sponsorship preceding the exposure. This message of sponsorship is the following: "first name and name or company name of the Member)" chose to sponsor the artist "name of the Artist selected by the Member" by presenting 4 of its works to you. Sponsorship is posted 150 times per 7 days period.
The service SPONSORSHIP WITH ADVERTISEMENT is accessible to the Professional Godfathers. This service exposes 4 works of the Artist selected by the Member, during one week, through a numerical table Diffusart. The virtual exposure and the message of sponsorship will be juxtaposed with an advertisement of institutional communication whose contents (photo, video, text) propose the knowledge to make, the topicality and the values of the Godfathers. Sponsorship is posted 150 times per 7 days period.
The service HIRING OF DIFFUSART is accessible to the Professionals. The ArtOsmose company rents or lends (under certain conditions) a numerical table Diffusart. The professional Member, tenant of Diffusart, can insert his communication in the artistic program diffused by his Diffusart.
Responsibility for the contents diffused on Diffusart
The Godfather is exclusively responsible for the contents of the diffused advertisement. Part of the contents of the diffused advertisement is automatically taken again Personal Page of the Member Godfather.
ArtOsmose reserves the right to refuse any advertisement whose contents are contrary with the laws.
The Godfather is responsible for the contents published in his advertisements, even without his knowledge (use of its access code to the software of creation of advertisements and setting in Diffusion). The Godfather engages so that all its audio-visual advertisements are in conformity with the laws and payments on the penal level, civil, commercial and different, do not carry not reached and are not contrary with the law and order and with the moralities, cannot run up against the sensitivity of the minors, do not carry not reached some manner that it is with the rights, with the reputation of the thirds, the rights of the personality or the dignity of the person, has an intellectual property law, commercial, industrial or artistic or with any royalty protected by the law, with a mark, a sign, a company name, a name of field or a name of telematic waiter, with the private life or the image of any natural person or morals.
The Godfather recognizes informed being that any publication in illegal matter can involve legal proceedings in its opposition, notwithstanding the immediate cancellation automatically and without compensation for the diffusion of its advertisement.
On the assumption that ArtOsmose would be in the obligation to refuse an advertisement, it informs the Godfather of it and, as far as possible, will propose the modifications to him which will be likely to allow the diffusion. The Godfather remains in this case held to pay the entirety of the agreed price by contract.
Features of the documents being able to be diffused on Diffusart
The Godfather created and transfer to his expenses contents of the advertisement towards its Account in its heading "My documents".
The contents of the advertisement must be in conformity with the technical specifications indicated below:
A photograph must be with format JPEG (.jpg) and to have a resolution higher than 1000 X 1000 pixels and to make between 300 KB and 4 Mo.
A video must be with the format FLASH (.flv), to have a resolution at least of 720 X 576 pixels and not to make more than 30 Mo.
A text should not make more than 500 characters.
Any problem of diffusion caused by a late, defective delivery or not conforms to the technical specifications is supported by the Godfather; there in addition remains held to pay the integral price of its order, even if whole or part of this one could not be carried out.
Interruptions and carryforward of diffusion of an advertisement on Diffusart
The momentary interruptions of diffusion do not found any credit of compensation in favor of the Godfather.
In the event of one duration interruption higher than 10% of the contractual duration, the contract of insertion is prolonged, according to the availabilities, one duration equivalent to the interruption. Failing this, ArtOsmose will credit the Godfather one to have in the form of time of diffusion. Any other claim is excluded.
Except for the cases where the diffusion must imperatively start at one day determined, ArtOsmose reserves the right to advance or delay the period of 7 business days diffusion at the maximum.
Tariff and payment of sponsorship on Diffusart
The tariffs applicable to the services of sponsorship are accessible and visible on the Site (Services miter).
The tariffs of diffusion do not include the possible cost of creation of an advertisement by ArtOsmose or one of its partners.
ArtOsmose reserves the right to re-examine its tariffs in any time.
ArtOsmose requires the payment before any diffusion (online payment, by check or administrative mandate).
Conditions of cancellation of a sponsorship on Diffusart
The Godfather can partly cancel all his order at the latest 15 business days before the first diffusion of his advertisement with the help of the payment of a withdrawal equivalent to 30% of the invoiced entire amount.
The Godfather will be able to claim with no refunding in the event of stop, of his own initiative, the diffusion of an advertisement in progress.
Applicable duty
The present General terms of Sale are subjected to the French right. In the event of litigation, the French courts will be the only qualified ones. In the event of divergence between the General terms of sale written in French language and their possible translations, it is recalled that it is expressly expected that in fact the provisions written in French language will find to apply.
Coordinates of the seat of company ARTOSMOSE
ARTOSMOSE limited liability company with the capital of 10.000 €
1, place Saint Louis
67000 Strasbourg - France
Telephone: +33 (0) 6 66 13 04 32
Email: contact@artosmose.fr
N° Siret: 508.785 80500013
Intracommunity N° VAT: FR56 508.785.805
Leader: Frederic HAFNER, frederic.hafner@artosmose.fr
Banking coordinates for the payment of a subscription of service
Holder of the account: EURL ARTOSMOSE
Code banks: 30004
Code arranges: 00485
N° of account: 00010491229
Key: 54
Domiciliation: BNP PARIBAS STRASBOURG
IBAN: FR76 3000 4004 8500 0104 9801 954
BIRO: BNPAFRPPSTR
Banking coordinates for the payment of the amount of a work and carriage costs.
Holder of the account: EURL ARTOSMOSE
Code banks: 30004
Code arranges: 00485
N° of account: 00010498019
Key: 54
Domiciliation: BNP PARIBAS STRASBOURG
IBAN: FR76 3000 4004 8500 0104 9801 954
BIRO: BNPAFRPPSTR