Terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE AND USE

Definition

The following terms shall henceforth be referred to as:

'Website' or 'service': denoting the website https://www.art-traffik.com and its associated webpages.

'Products': encompassing all tangible goods (material) and intangible services that are available for purchase or subscription on the website.

'Editor': designating the individual or legal entity responsible for the editing and content management of the website https://www.art-traffik.com.

'User': indicating any individual utilizing or visiting the website https://www.art-traffik.com.

'Customer': signifying any individual making a purchase of a product or service on the website https://www.art-traffik.com.

 'Artist': an individual or legal entity whose occupation is the realization of artworks and who wishes to apply to Art Traffik in order to benefit from its promotional and sale services.

Required disclosures in accordance with the Law of Trust in the Digital Economy (LCEN), the purpose of the website, and identification of parties.

The website is managed by Art Traffik, a simplified joint stock company with a capital of 70,000 euros, registered at the RCS of Bayonne under the number 80249592900027, with its headquarters located at 10 allée de Samadet, 64600 Anglet, France. Its Intercommunity VAT number is FR 82 802495929. OVH hosts the website at 2 rue Kellermann, PO box 80157, 59053 Roubaix cedex 1, France.

The website's purpose is to "promote, discover, and purchase contemporary art online”.

Access to the website is open and free for all internet users. Utilizing the website, including purchasing products or services, creating a member's area, or navigating on https://www.art-traffik.com, implies the user's complete acceptance of these terms and conditions. The act of ticking the provided box is legally equivalent to a handwritten signature by the user.

The user acknowledges that the website editor's automatic registration systems serve as documentary proof. Unless providing evidence to the contrary, the user will not dispute this proof in the event of a complaint. The acceptance of the general terms and conditions assumes that the user possesses full legal capacity. The applicable terms are those in force on the website at the time of the buyer's visit. Https://www.art-traffik.com reserves the right to make changes to its website and/or these general terms and conditions at any time without prior notice.

Product and service specifications

The products and services available for purchase are those featured on the online catalog at https://www.art-traffik.com. Availability is contingent upon stock levels. Each product is accompanied by a description provided by https://www.art-traffik.com, incorporating details supplied by the respective artists. The images of the products in the catalog are not binding; while they strive to be as accurate as possible, they do not guarantee an exact likeness to the actual product.

For inquiries, the website's customer service can be reached via email at [email protected] or by mail at 10 allée de Samadet, 64600 Anglet, France. The editor undertakes to respond within 7 working days.

Pricing

The prices listed in the catalog are denominated in euros and encompass the relevant Value Added Tax (VAT) at the time of the order. Https://art-traffik.com retains the discretion to adjust product and service prices in response to alterations in the VAT rate. Additionally, https://art-traffik.com maintains the authority to revise its retail prices at any given moment, with the understanding that the prevailing prices on the day of the order shall be applicable.

Member Access Area

Individuals who have registered on the website (referred to as "members") can enter the member access area by providing their login credentials (email address and password initially provided during registration) or by selecting the social media links. Members are entirely responsible for maintaining the confidentiality of their passwords and are strongly encouraged to use strong passwords. In the event of a forgotten password, members have the possibility to create a new one. This password ensures the confidentiality of information within the "my account" section, and members must refrain from transferring or disclosing it to third parties. The website shall not be held responsible for any unauthorized access to a user's account.

The creation of a personal area is a mandatory prerequisite for any purchase order or member contribution on the website. In this regard, members commit to providing accurate and complete personal data. The collection of data is aimed at establishing a "member account," which enables client members to review their past orders. In the event that data in the client account section is lost due to exceptional circumstances, system breakdowns, or force majeure, the website and its editor cannot be held liable. Such information holds no conclusive value and is for reference purposes only. Pages related to a member's account are freely accessible and printable by the account holder but do not serve as proof; they are informational and designed for efficient management of member orders or contributions to the website.

If a member fails to comply with the current terms and conditions, the editor reserves the right to delete a member's account (including, but not limited to, instances where a member knowingly submits incorrect information during registration or account creation) or any account deemed inactive for at least a year. The deletion of the account shall not be considered damage to the excluded member, and no compensation can be claimed in this regard. In addition to exclusion, the editor retains the authority to take legal action against the member when justified by the circumstances.

Editor's Liability Waiver in Contract Performance

Should the customer experience inability to access the website due to technical reasons or other, they are not entitled to pursue damages or compensation. The extended and unrestricted unavailability of one or more products, irrespective of its duration, does not constitute harm to users, and does not warrant the seeking of damages from the website or its editor. Photographs and other visuals depicting products on the website are not legally binding; the editor of the website cannot be held accountable if the actual characteristics of the objects deviate from the visuals on the website or if the visuals are inaccurate or unclear.

Hyperlinks provided on the website may direct users to other websites, and the editor cannot be held responsible if the content of these websites violates current legislation. Additionally, the editor of this website shall not be held liable if an internet user suffers harm as a result of visiting one of those websites.

Intellectual property rights relating to elements contained and published on the website 

Intellectual property rights pertaining to the elements featured and published on the website are exclusively owned by the editing company. Unauthorized reproduction of any website content, including, but not limited to, logos, text, images, or videos, is strictly prohibited and constitutes an infringement. Any member found guilty of infringement may face immediate account termination without prior notice or compensation and may be subject to legal action by the website's editor or an authorized representative.

User's contribution to the website 

Users have the option to enhance the content of the website through comment submissions. Contributors are notified that the website's editor, facilitated by a moderator if necessary, may choose to feature the article in the website's newsletter or on affiliated platforms, crediting the contributing author's pseudonym. The author relinquishes any rights pertaining to the contribution's content in favor of the editor, granting permission for its utilization and dissemination, including commercial purposes, on the editor's media, while still respecting the author's right of authorship.

Intellectual Property Notice

The trademarks and logos found on the website https://www.art-traffik.com are registered by Art Traffik or its affiliated partners. Any individual engaging in the replication, reproduction, interweaving, or rerun of these marks may be subject to penalties as outlined in articles L.713-2 and subsequent provisions of the Intellectual Property Code.

Limitation of liability

The editor of the website, particularly in the context of online retail, is bound by an obligation of means; their responsibility cannot be assumed for any damages arising from the use of the internet network, such as data loss, intrusion, viruses, service interruptions, or any other unintentional issues.

https://art-traffik.com cannot be held responsible for the non-performance of a concluded contract due to force majeure, especially in the case of a complete or partial strike of conveyors or postal services, or any natural disaster caused by flood or fire. Concerning purchases, https://art-traffik.com excludes liability for all indirect damages, operational and income loss, and cost damage that may result from the purchase of products. The choice and purchase of a product or service are solely the responsibility of the customer. The total or partial inability to use products, including material incompatibility, does not warrant any compensation, refund, or questioning of https://art-traffik.com's responsibility, except in the case of a latent defect, nonconformity, imperfection, or when exercising the right of withdrawal. In the event of non-delivery, whether whole or partial, the customer has six months (from the product's departure date) to submit a claim. After this deadline, claims shall not be accepted.

The user explicitly agrees to use the website at their own risk and under their sole responsibility. The website https://art-traffik.com provides information for informational purposes only, with imperfections, errors, omissions, misstatements, and other ambiguities that may exist. In any case, https://art-traffik.com shall not be liable for any direct or indirect damages, including loss of profits, earnings, customers, or data caused by the user of the website https://art-traffik.com, or conversely, the inability to use its website: dysfunction, loss of internet access, improper configuration of the customer's computer or the use of a rarely used browser by the user, or advertisements and other links or external sources accessible by the user from the website https://art-traffik.com.

Website Accessibility

The website https://www.art-traffik.com is available to users nearly 24/7, unless stated otherwise. Art Traffik's website cannot be held responsible for any technical connection unavailability resulting from force majeure, maintenance, updates, website modifications, host interventions, internal or external strikes, network failures, power outages, or improper configuration or usage of the user's computer.

Termination of Account

Users have the option to voluntarily close their account and delete their personal information from the website. To initiate this process, members are required to send an email to [email protected] explicitly expressing their intent to terminate their account. Please note that once the account is closed, data retrieval will no longer be feasible.

Miscellaneous

These general terms and conditions are subject to the laws of France and may be amended by either the editor or their legal representative at any time. The terms and conditions in effect on the day of the user's connection to the website shall apply. The editor undertakes to retain all previous versions of the general terms and conditions and will provide them to any user upon request.

Subject to clauses of public order, and before initiating any legal proceedings, disputes arising from the implementation of the general terms and conditions may undergo a review by the website's editor, with the intention of achieving an amicable resolution. Users are reminded that seeking an amicable settlement does not pause the statutory time limit for initiating legal proceedings. Unless otherwise specified by public order, any legal action pertaining to the execution of this contract shall fall under the jurisdiction of the Appeals Court.

If any provisions of these general terms and conditions are found to be legally invalid or rescinded, the remaining provisions shall remain in effect.

Use of Cookies

A "cookie" enables user identification, customization of website viewing preferences, and acceleration of website layout through the storage of a minimal data file on the user's computer. The user acknowledges being informed about this practice and grants https://art-traffik.com the authorization to utilize it. Https://art-traffik.com commits to not disclose the contents of these cookies to third parties, except when compelled by law. Users have the option to decline cookie acceptance or configure their browser settings to prevent the storage of cookies on their computer.

Definitions and Explanation of Order Subscription and Purchase Processing

In the context below, the term "cart" refers to an intangible entity that includes products and/or services chosen by the user through item selection, accomplished by clicking on said items, with the intention of making a purchase. Following the user's selection and addition of desired items to the cart, they have the option to review the contents of the cart before proceeding to validate the order by using the "place order" or "see my cart" buttons. This action redirects the user to a page providing a summary of the quantity, characteristics, and unit prices of the selected items.

To confirm their order, customers must accept the general terms and conditions by ticking the relevant box and clicking on the "confirm my order" button. Subsequently, the user will be directed to an order form page prompting the completion of various fields. Here, the user is required to provide personal information necessary for the proper processing of the order. Once the order form is completed, the customer will be guided to a secure payment server where they can make payment using methods such as credit/debit cards, online money transfer services like PayPal, or, if applicable, by check. Following this, the customer will promptly receive an email confirmation summarizing the details and price of the order.

Displayed prices on the website are denoted in euros and encompass all applicable taxes. The editor reserves the right to modify these prices; therefore, it is the customer's responsibility to ensure the accuracy of the price during order validation. Until full payment is received, in adherence to the property reservation clause, all products and services remain the property of the seller.

Payment Details

Users are able to place orders on the website. Payments can be executed through credit/debit cards, money transfer services such as PayPal, or checks if applicable. Secure online payment services facilitate credit/debit card transactions.

The website does not possess any access to information regarding the customer's payment method. The payment is directly processed by the payment service provider. In cases of payment via check or money transfer, the seller will initiate order processing only upon receipt of payment. This may result in an extension of delivery times, with proof of payment required through any suitable means. Product availability is specified for each item, on the website and in the descriptive sheet.

Delivery and provision

Prior to completing a purchase, the customer will be informed of the shipping rates. https://art-traffik.com imposes no geographical restrictions and is capable of shipping orders worldwide.

The website is dedicated to dispatching goods within 7 working days upon receiving the order. It is the buyer's responsibility to inspect the goods upon delivery to ensure their conformity. Any discrepancies such as damages, missing items compared to the delivery slip, damaged parcels, or products must be duly noted on the delivery slip as "handwritten reserves," signed by the client. The buyer is required to confirm this anomaly by sending a letter with delivery tracking to the carrier within 24 hours of delivery, explaining the aforementioned complaints. A copy of this letter must also be sent to Art Traffik within the same timeframe and under the same conditions. Failure to adhere to these provisions, preventing the seller from pursuing any recourse against the carrier, will result in the buyer bearing the consequences of damages that occurred during transport.

Claims not executed in accordance with the aforementioned rules and within the specified notice period will not be considered, releasing Art Traffik from any liability to the buyer. Upon receipt of a complaint, Art Traffik will communicate the exchange terms and procedure to the buyer via email or telephone.

In the case of a delivery error or exchange, any product for exchange or refund must be returned to Art Traffik, in its entirety and in its original packaging, by the delivery carrier. Art Traffik will not be held responsible for any defects resulting from the buyer's mishandling or improper handling.

As per the Consumer Code's paragraphs and Article L.121-21, the customer has a 14-day withdrawal period from the date of receiving the goods to return items that do not meet their needs. The customer may request an exchange or refund without penalty fees, excluding shipping fees. The item must be returned in perfect condition and in its original packaging, along with all accessories if applicable. Failure to comply with these conditions will result in the loss of the buyer's right to the withdrawal period, and the product will be returned at their own expense.

Retraction shipping fees are the responsibility of the buyer, and proof of dispatching the returned parcel with tracking is required. Upon receiving and accepting the return, https://art-traffik.com will proceed with the reimbursement via check or money transfer, provided the buyer encloses a copy of the invoice for a smooth process.

If the package is returned by the French Post Office or other postal service providers, https://art-traffik.com will contact the buyer to determine their preferred course of action. If the buyer mistakenly refused the package, they may request re-expedition after paying the shipping fees in advance, even for initial orders with waived shipping fees.

In the event of delivery delays exceeding 7 working days, the buyer has the right to cancel the order in writing, sent as registered postal mail with proof of receipt. In this scenario, the buyer will be reimbursed within 30 days for all sums incurred by the order. However, this clause does not apply if the delays are caused by a strike of the carrier's employees or in the case of force majeure beyond the editor's control. In such cases, the buyer agrees not to pursue legal proceedings against the website or its editor and waives the right to cancel the order as provided in this section.

Product Warranty Information for Online Purchases

All products acquired through our website are subject to the following legal warranties, as outlined in the French Civil Code:

1. Product Conformity: Pursuant to articles L.211-1 to L.212-1 of the Consumer Code, the seller is obligated to deliver products that adhere to the contractual terms. The seller is responsible for any lack of conformity existing at the time of delivery. The conformity guarantee extends to defects presumed to have existed upon delivery or those becoming apparent within six months after delivery. After this period, the buyer must substantiate that the defect existed at the time of delivery.
2. Warranty Against Concealed Defects: In accordance with articles 1641 to 1649 of the Civil Code, consumers can exercise their rights under the concealed defects warranty if the defects were not visible at the time of purchase, predated the purchase, and are significant enough to either prevent the product from functioning as intended or considerably impair its use. The defect should be such that the buyer would not have purchased the product or would have paid a lower price if aware of the defect (excluding normal wear resulting from product use).

In the event of product non-conformity, the buyer may return it to the seller and request an exchange or refund. All claims and requests for exchange or refund must be submitted by mail to the address: 10 allée de Samadet, 64600 Anglet, France, or via email at [email protected], within 30 days of delivery. The buyer is responsible for the return shipping costs. If the seller is unable to exchange the product (due to unavailability, obsolescence, etc.), the buyer will be reimbursed the total order amount, excluding shipping fees, via check.

"Art Resale" Service

Art Traffik offers a service which brings together private individuals who wish to resell artworks they own with buyers, by means of resale ads. This service is absolutely free and is to be used exclusively for the resale (not sale) of artworks. Under this resale service, Art Traffik shall not be liable for the interactions between the selling and buying counterparts, and shall not be held responsible for problems that may arise between both parties, whether it be pertaining to the kind of artwork sold, its authenticity, its worth or the transaction between both parties.

Art Traffik reserves the right to delete any resale ad published on www.art-traffik.com.

Archival Procedure

Art Traffik is obligated to securely archive order forms and invoices using a reliable and durable medium that ensures a faithful reproduction, in accordance with the requirements set forth in Article 1348 of the French Civil Code. The computerized registers maintained by Art Traffik shall be mutually acknowledged by the parties as evidence of the communications, orders, payments, and transactions conducted between them.

Condition Framework

If any provision within the general terms and conditions is determined to be unlawful, void, or unenforceable for any reason, that provision shall be considered separately from these general terms and conditions. Its removal shall not impact the validity and enforceability of the remaining provisions. These terms and conditions constitute the complete agreement between the user and the website, superseding any previous or contemporaneous written or oral agreements. The general terms and conditions are non-transferable, non-assignable, and non-sublicensable by the user.

A printed version of the terms and conditions and all electronically provided notices will be accepted as evidence in judicial or administrative proceedings related to or arising from these terms and conditions. The Parties mutually consent that any written correspondence concerning the conditions of use shall be conducted in French.

Notices

All notifications or other correspondence pertaining to the terms and conditions, legal notices, or the data protection policy must be in written form and delivered in person or dispatched via certified/registered mail through postal services or any other nationally recognized messaging service to the following address: 10 allée de Samadet, 64600 Anglet, France, or via email at [email protected], including the full name, contact details, and the subject matter.

Claims

Any claim arising from the use of this website, its services, or any other associated services, including the website's pages on potential social networks, or the terms and conditions, legal notices, or data protection policy, must be submitted within 365 days from the onset of the issue or the grounds for the claim. This requirement applies regardless of any conflicting laws or legal principles. Failure to file a claim within the specified 365-day period will render such a claim unenforceable in a legal proceeding.

Inaccuracies

It is conceivable that inaccuracies may exist within the website, the services provided, and to a limited extent, discrepancies, errors, or information diverging from the general conditions, legal notices, or data protection policy. Moreover, there is a possibility of unauthorized alterations being made to the website, either by third parties or on ancillary services (such as social networks). We undertake all feasible measures to rectify such disparities.

In the event that we overlook such a situation, kindly reach out to us at the following address: 10 allée de Samadet, 64600 Anglet, France, or via email at [email protected], providing a detailed description of the error, its URL location, and sufficient information to facilitate communication with you. For all copyright-related inquiries, please consult the section on intellectual property rights.

© Art Traffik SAS – All rights reserved – 23 January 2024