Conditions Générales d’Utilisation

Terms and conditions of use

Please read cautiously the present Terms and Conditions of Use before using the digital internet platform and mobile web Artransfer hosted by the company Artransfer.

Article 1. Services

Artransfer offers hosting services as a third-party between users of the platform, notably between sellers and buyers. As an art market professional, Artransfer is entirely responsible of the services it provides, within the limits of its commitment and within the condition provisioned by the present Terms and Conditions of Use. Artransfer is a part of no transaction between users. Artransfer does not buy nor sell the pieces present on the platform. Artransfer is therefore in no way responsible for any lack of conformity due to a fake, counterfeit or damaged work during transport or delivery.

Article 2. Conditions of Use

As a user of the Artransfer platform for the resale of goods, objects and artworks, you certify that you have read, reviewed, and understood this agreement and agree to comply with its terms of use. If you do not wish to be bound by the terms of this agreement, you are advised to accordingly leave the Artransfer platform. Artransfer only grants access and use of its digital platform, products, and services to users who accept its terms of use.

Article 3. Privacy policy

Before using our digital platform, we advise you to carefully read our privacy policy regarding the collection of user data. It will help you better understand our practices.

Article 4. Age restriction

You must be at least 18 years old to use our digital platform. By using the Artransfer platform, you guarantee that you are at least 18 years old and can legally enter into this agreement. Artransfer is not responsible for any consequences related to a false statement of age.

Article 5. Intellectual property

You agree that all documents, products, and services provided on the Artransfer platform are the property of Artransfer, its affiliates, officers, directors, employees, agents, suppliers or licensors, including all copyrights, trade secrets, trademarks, patents, and other intellectual property rights. You also agree not to reproduce or redistribute Artransfer's intellectual property in any way, including electronically, digitally, or through any existing or future recording and publication methods.

You grant Artransfer a royalty-free, non-exclusive license to display, use, copy, transmit, and distribute the content you upload, provide and publish. In case of any questions or disputes regarding intellectual property rights, please contact the company to reach an agreement.

Article 6. Users and members account

To use the Artransfer platform, you must first register and create a user account. During registration, you agree to provide truthful, accurate, up-to-date, and complete information. You are responsible for the accuracy of this information. It is important that you keep and promptly update your account information to keep it up to date and complete at all times. During the registration process, users are asked to provide an email address, a username (pseudonym), and a password to allow the platform to identify you every time you access it. The purposes and how we use this data are described in the Privacy Policy. You are responsible for maintaining the security of your login information. You are also responsible for all activities that occur on your account and/or with your password. If you believe there are any potential security issues with your account on the platform, it is imperative to inform us immediately so that we can remedy the situation. In order to protect your user account and ensure the security of other users, Artransfer may, if necessary, verify the information in your user account or ask you to answer certain questions, provide certain information, or participate in verification procedures. The purpose of these security procedures is to verify that it is indeed you who is accessing your user account and/or making transactions from it. These procedures will be reasonable and proportionate to the security objectives pursued. As part of the security procedures, Artransfer may verify the phone number and email address, as well as the credit card, debit card, or any other means of payment and user bank account details. We reserve all rights to terminate accounts, modify or remove content, and cancel orders at our sole discretion.

Article 7. Third-parties Terms and Conditions

Some features of the platform use tools and services provided by third parties, which may be governed by separate Terms and Conditions. For example, to use the integrated payment service, you must accept the Terms and Conditions of the payment service provider. When third-party tools and services are governed by separate Terms and Conditions, the platform will display a hyperlink to the applicable Terms and Conditions. These will be made available to you, through the services provided by the relevant third parties, in a format that allows you to reproduce and store them. You will need to accept them separately if you wish to use the services offered by these third parties.

Article 8. Adding artworks on the platform

Only works that meet all of the following conditions can be added to the platform:

The seller must have the right to transfer ownership of the work;
The sale, use, or possession of the work must not infringe on the rights of third parties (including intellectual property rights), nor violate any applicable law or regulation at the local, national, or international level;
The work must be safe and not a counterfeit; If the seller breaches this rule, whether consciously or not, they alone will bear the legal consequences of their action. Artransfer will in no way be held responsible;
The work must comply with all commonly applied market requirements, unless otherwise agreed between the seller and the buyer;

To add a work to the public sales catalog, the seller must comply with all catalog rules. The seller must fill out the questionnaire and provide at least the artist's name, the name of the work, the choice of pricing, and at least one high-quality photograph. Sellers cannot use photographs found on the internet and/or photos of a similar work. The description and photographs of the work must reflect the actual condition and outward appearance of the work, as well as any defects, flaws, or alterations affecting the work.

The fact that a seller adds a work to the public catalog, whether or not the work is validated by Artransfer and published on the platform, constitutes an offer for sale of the work concerned by the seller. This offer may be accepted by a buyer.

The seller who added the work can remove it from the public catalog at any time. If the seller wishes to modify the price of the work, it will trigger a new moderation step of the work's listing by the Artransfer team. Regarding this, they must directly write to the Artransfer team via chat on the Platform or via email at hello@artransfer.com.

Article 9. Parameters determining the ranking

The listings presented in the default search results of the buyer's catalog are sorted by relevance, taking into account the following main criteria:

relevance to the search request;
preferences of the buyer's account;
historical data on the buyer's browsing habits (artist, medium, category, style, favorites, price range, condition);
date on which the work entered the catalog.

The main parameters determining the ranking are aimed at offering the best search experience to buyers. Through these parameters, Artransfer ensures that the listings presented higher in the ranking best match the user's expectations.

When users search for a work, listings are sorted by default by relevance. In the catalog, users can also choose to sort listings by different filters offered by Artransfer.

Article 10. Purchase of artworks on the platform

Buyers can purchase artwork on the platform by using the "Buy" button.

Buyers can also use the "Make an Offer" button and negotiate with the seller by proposing a price for the artwork of their choice.

After completing the payment process, the buyer will become a party to the following contract:

Contract between buyer and seller: the buyer and seller acknowledge that the finalization of the payment process by the buyer creates a legally binding contract between the buyer and seller based on the description and photographs of the artwork, the conditions agreed upon between the buyer and seller, and the applicable conditions included in these Terms and Conditions of Use. The buyer agrees to pay for the artwork and the seller agrees to transfer ownership of the artwork. To avoid any ambiguity, it is specified that Artransfer is not a party to this contract.

Artransfer's customer service can assist you in resolving any transaction-related issues, accessing transaction details, helping with transaction and delivery problems by accessing delivery status and tracking information, and liaising with integrated shipping providers.

Purchases made without using the “Buy” or “Make an Offer” button are made at the user's own risk and Artransfer will not offer any of the included services. To the extent permitted by law, Artransfer is not responsible for purchases made outside the platform and disclaims any liability arising from such purchases. For your safety and that of your transactions, we invite you to conduct transactions using the Buy or Make an Offer buttons and not to conduct any transactions outside the platform.

Article 11. Custom artwork research

Artransfer offers a custom artwork research service for users in the "Find" section. Users are invited to provide all the important information to guide the search, such as artist, artwork name, medium, budget, etc. The Artransfer team then mobilizes its network to find your rare gem.

Article 12. Shipment tracking system

Artransfer provides an online tracking system that reflects only the tracking information provided by the package transport providers. Therefore, to the extent permitted by applicable law, Artransfer disclaims all liability if the transport provider offering the integrated shipping provides inaccurate, incomplete, or outdated tracking information.

Article 13. Contestation delay for a non-compliant piece

We invite you to read our Terms and conditions of Sale that indicates the process to report a non-compliant piece.

Article 14. Payment for an artwork

There are several payment options available on Artransfer: credit card, debit card, and bank transfer.

For payments made by credit card or debit card, Artransfer has entered into an agreement with the payment service provider Stripe to process payments made using the integrated payment system and to store information related to credit cards, debit cards, and any other payment methods offered on the platform. To use the integrated payment system, the user will enter into a contract directly with the payment service provider and accept the provider's terms and conditions. Users will be asked to confirm this during the creation of their profile section.

Artransfer offers its users the possibility to make an outright payment via bank transfer. After the piece has been successfully reserved, the user has 48 hours to make the bank transfer. After this period, the reservation of the piece will expire.

Artransfer also offers payment via three free-of-charge instalments, if and only if the seller has allowed this option (this information is visible on each artwork sheet). Should the buyer choose this payment method, they will have 48 hours to make the first payment, thus confirming their purchase. They will be reminded of the two other monthly instalments by Artransfer. Once the artwork is entirely paid for, Artransfer will organise the transportation and delivery of the artwork with the seller, buyer and potential specialised transporters.

Should a credit card, debit card, or other suspected third-party payment method be provided by a user on the platform, the user may be required to provide additional proof that the credit card, debit card, or other payment method truly belongs to them.

The total price is held in an escrow account managed by Artransfer. When a transaction is made, Artransfer receives the buyer's funds on behalf of the seller and holds these funds in escrow for disbursement purposes. Artransfer supports its users by providing them with the services provided by the payment service provider and providing direct assistance in connection with these services. It is however specified, to avoid any ambiguity, that Artransfer does not provide any payment processing services to users. It is the responsibility of users to provide accurate details of credit cards, debit cards, and any other payment methods offered on the platform. Artransfer disclaims all liability regarding the information provided by the user to the extent permitted by applicable law.

Article 15. Completing a transaction

The total price paid by the buyer is held in an escrow account by Artransfer until the transaction is completed. The transaction is completed:

when the buyer clicks on the "yes" and "Validate" buttons during the compliance process within the dispute period;
automatically at the end of the 48-hour dispute period upon delivery of the work or directly upon the pick-up of the work at the partner location if the buyer has not reported any issues through the compliance process;
after the resolution of an issue reported during the dispute period.

Once the transaction is completed, the purchase price of the artwork will be immediately transferred by Artransfer to the seller's bank account.

Article 16. Restrictions of use of the integrated Payment System

The right to use the integrated payment system is exclusively reserved for sales made on behalf of the user. The user may not resell, rent, or in any other way allow third parties to use the integrated payment system to pay for services provided by third parties.

All prices displayed on the platform are in euros and include applicable VAT.

Article 17. KYC verifications

Users are subject to regulatory procedures implemented by Artransfer and the payment service provider, such as identity verifications and other Know Your Customer (KYC) requirements, when respective financial thresholds are reached. Artransfer and the payment service provider may also perform KYC verifications on the user suspected of engaging in potentially fraudulent or suspicious practices without reaching the set thresholds. For identity verification purposes, the user may be asked to provide additional information (such as a copy of their passport, ID card or driver's license) at the request of Artransfer or the payment service provider. If a user fails to provide the required documents, their account may be suspended and the user will not receive the funds until their identity is confirmed. If a user has engaged in illegal activity, for example by uploading a fraudulent document or taking any other illegal action leading the payment service provider to consider the user's behavior as fraudulent, the user will be deemed to not meet the KYC requirements and will not be able to deposit or dispose of the funds.

Article 18. Shipment of items and sellers’ indemnities

Artransfer does not provide shipping services. The shipping options that may be available are detailed in the Terms and Conditions of Sale. Artransfer may, at any time, modify the list of transport providers offered to users by adding, suspending, or deleting them. Sellers and buyers can access the Terms and Conditions of transport providers. It is the users' responsibility to review and accept the Terms and Conditions of the transport provider they choose. The buyer will choose a shipping option during the payment process (partner location or specialised transporter), that will be paid for upon purchase (partner location) or after the purchase, reception of the transportation quotes and choice of the transporter (professional or specialised transport). The seller must use the shipping option chosen by the buyer. If not, the transaction will be cancelled.

Article 19. Interaction and messages on the platform

The exchange of private messages between users is only intended for the exchange of information between users concerning the works in the catalog. If a user sends private messages to another user, they must ensure that they do not send:

Messages or information constituting advertising;
Spam or content spreading viruses;
Mailing messages of any other nature (when a message is sent to more than five users or when the same message is copied and sent to users who have not requested to receive them);
Messages containing texts contrary to public morals and safety, inappropriate, insulting or defamatory messages, or messages in any other way considered incompatible with these Terms and Conditions and with the interests of users;
Messages that are illegal or could in any other way cause harm to other users and/or to the platform;
Messages that may constitute any form of harassment.

Artransfer may use automated software and algorithms to detect private message content that would be contrary to public morals and safety or indicative of fraudulent behavior. If the automated software detects such content in a private message, and without prejudice to any other recourse available to Artransfer, the private message and the user may be blocked and/or the private message may be hidden from the user to whom it was sent, and the user who sent such private message may receive a warning reminding them of their obligation to comply with these Terms and Conditions and be informed that Artransfer may take other measures such as suspending the user's account in case of further violations. The use of this software by Artransfer shall not be interpreted as a commitment to surveillance or an obligation to search for illicit activities and/or content on the platform and, to the extent permitted by applicable law, shall not engage the liability of Artransfer.

Article 20. Collection inventory

Artransfer provides all its users with a collection inventory, a free tool that facilitates the management of art enthusiasts' collections. In the "Inventory" tab, may be found:

Tracking of all your sales and purchases, as well as their status.
A list of all the works you have added that make up your collection.
Analysis tools to track the value, distribution, purchase date, and location of your works in your collection.
Partner services to better manage your collection (insurance, framing, photographer, etc.).

Article 21. Responsibilities

All users are responsible for the information they publish on the platform, as well as for the works they offer, sell, or transfer to other users. This includes being fully responsible for adding works to the public catalog, submitting photographs and accompanying documentation, and making statements to buyers or other users. Additionally, users are solely responsible for any transactions they make with other users and any resulting disputes, except in cases where disputes arise from Artransfer's failure to comply with its obligations under these terms and conditions.

Users agree to comply with all applicable laws, rules, and regulations when using the platform. They must not infringe on the rights of third parties, add counterfeit works to the catalog, add works that violate laws or regulations, incite to commit crimes or discriminatory practices, communicate incorrect or confidential information, make defamatory comments, engage in acts that may endanger minors, publish the personal data of others or violate privacy rights, impersonate others, or upload or publish illegal, false, or inaccurate content. Users must act and use the platform in good faith. In this case, the responsibility of the user will be engaged and legal proceedings initiated. Artransfer will in no way be held responsible for the aforementioned infringements committed by a user.

Article 22. User obligations

When providing services, Artransfer strives to ensure that users can use the platform safely. A safe and reliable experience is an integral and essential part of all services. However, maintaining the safety and security of this environment heavily depends on users and their behavior. For this reason, when using the platform, users agree to follow the rules set out in these Terms and Conditions.

When using the platform, the user agrees to comply with the following rules, including, but not limited to:

When signing up on the platform, provide accurate information about themselves (including, without limitation, their name and email address);
Only sing up on the platform once and not create more than one account;
Not use the platform and/or services with the intention of committing illegal or fraudulent acts or transactions;
When using the platform, provide objective, correct, complete, and detailed information about the works for sale;;
Ensure that the proposed price for the sale of works, as well as other information concerning it, is correct;
Not copy content or information appearing on the platform uploaded by Artransfer or another user of the platform;
Not use the content or information appearing on the platform for unlawful purposes.

When using the platform, users agree not to:

Share, publish, or use misleading or incorrect information and/or data in any way;
Encourage the acquisition of any product whose sale or possession would be prohibited or restricted;
Use photographs for which the user concerned does not hold intellectual property rights or which contain links to other websites;
Use photographs in which persons other than the user concerned are visible, unless these other persons have consented to the publication of these photographs or which would be or could be considered contrary to public decency and/or safety;
Publish content that infringes public decency and safety;
Propose, sell, purchase, and/or transfer works in violation of the intellectual property rights of third parties;
Violate the property rights and/or personal rights of third parties (including intellectual property rights);
Violate applicable laws and/or regulations;
Act contrary to public safety and/or decency;
Use, share, and/or publish computer programs and/or files containing viruses or which could disrupt the normal functioning of the platform and/or services, infect users' computers, and consequently cause losses for the user or affect their assets or prevent the user from using the platform, services, and the user's computer;
Propose, share, and/or in any other way promote links to other websites and/or companies that would provide services similar to those offered by the platform or to websites or companies whose content or activity would be unlawful or contrary to our content policies;
Explore data (data mining), scrape (screen scraping), or use indexing robots (crawling) on any part of the platform;
Adapt, copy, modify, correct, distribute, or market any content of the platform without the prior written consent of Artransfer.

Users agree not to collect, hold, transmit to third parties, make public, publish, or disclose data relating to users of the platform or to activities of users of the platform, including transactions, their number, type, price, etc., if such data has become available illegally or as a result of illegal action or omission.

Users agree not to collect, hold, transmit to third parties, make public, publish, or disclose information appearing on the platform if it may affect the rights of other users, including but not limited to intellectual property rights or privacy rights. This restriction does not apply to the "download" function that exists on the platform, which allows users to share public information available on the platform on social networks as well as to send this information to themselves or to others by email.

The user agrees to maintain the confidentiality of their login credentials and password for their account and not to disclose them to third parties (except for persons authorized by the user to use their credentials and password). The user is solely responsible (with respect to Artransfer and others) for all activities that occur on their account. If a user learns or suspects that an unauthorized third party knows their password or has accessed their account, they must inform Artransfer immediately via direct messaging.

The user agrees to immediately modify any information on the platform that is no longer up-to-date or accurate, including information provided by the user during their registration on the platform and information on the user's account.

By using the platform, the user declares that:

they are a natural person, aged 18 or over, using the platform services only for their personal benefit and not for professional purposes, and fully capable of performing transactions on the platform;
they understand that they are fully responsible, in accordance with these Terms and applicable law, for the performance of their obligations under the contract concluded between the buyer and the seller;
they understand that when they order a work, they agree to purchase that work and that in case of non-execution of that transaction, they may be required to compensate the seller for any losses suffered by them.

Article 23. Artransfer’s right to restrict or suspend accounts

Artransfer may use automated software and/or algorithms to ensure a safe and secure environment for platform users:

Users whose accounts are restricted will not be able to use or access certain platform features, such as but not limited to the ability to list artworks, conduct transactions, send private messages to all other users, view artworks listed by all other users, or may have reduced visibility of their artworks on search result pages;
Users whose accounts are blocked are no longer permitted to access the platform. If applicable, such users will be able to complete any ongoing transactions provided that they have completed any applicable KYC verifications. However, if an account has been blocked because its security has been compromised or the payment service provider has detected fraudulent behavior by the user, or to ensure protection of the interests and rights of other platform users, such users may no longer be able to use the platform or may be prevented from registering again on the platform.

Artransfer is committed to taking restriction or blocking measures that take into account the reasonable interests of users when taking these measures, or are proportionate to the circumstances and, in particular, the violations committed by the user. Breaches committed by users will result in a block with prior notice or immediate, and/or temporary restriction(s) of their account, unless the user whose account has already been temporarily blocked and/or restricted fails to refrain from committing further violations, or such breaches are serious and repeated, in which case the user's account will be permanently blocked.

Article 24. Artransfer’s rights and obligations

Artransfer may, at any time, for the purpose of improving the user-friendliness of the platform, reorganize the catalog, advertising spaces, or other information elements concerning the artworks, provided that these modifications do not alter the content provided by the user. These modifications will not cause any harm to sellers and will not restrict Artransfer's obligations under these Terms and Conditions.

Artransfer may, at any time, publish news or other communication elements regarding short or long-term offers published on the platform, contests, campaigns, games, or promotions, or make available to certain or all users special, time-limited, or exclusive offers, in accordance with national laws. Special conditions may apply.

Artransfer may, at any time, cease or suspend the operation of the platform, or transfer it to third parties, provided that users are informed and given a 30-day notice period.

Article 25. Applicable rights

By visiting and/or using this digital platform, you agree that French laws, without regard to principles of conflict of laws, govern these Terms and Conditions or any dispute of any nature that may arise between Artransfer and you, or its commercial partners and associates.

Article 26. Disputes

Any dispute related in any way to your visit to this digital platform or the products you purchase from us shall be arbitrated by a French court, and you consent to the exclusive jurisdiction of such courts.

Article 27. Indemnities

You agree to indemnify and hold Artransfer and its affiliates harmless from any claims and legal demands arising from your use or misuse of our services. We reserve the right to choose our own legal counsel.

Article 28. Limitation of responsibilities

Artransfer is not responsible for any damages you may suffer as a result of misuse of our digital platform.

Artransfer reserves the right to edit, modify, and change this agreement at any time. We will notify our users of these changes by email. This agreement constitutes an agreement between Artransfer and the user, and it supersedes and replaces all prior agreements regarding the use of this digital platform.

Article 29. Modification to the present Terms and Conditions

Any modification to these Terms and Conditions will be subject to your prior acceptance. If the user does not accept the new Terms and Conditions within 30 days from the date of notification of a modification, Artransfer reserves the right to restrict the user's ability to use the platform until they have accepted the modified Terms and Conditions.

Any modification to these Terms and Conditions published on the platform will apply immediately to users who complete their online registration process after the publication of these modifications on the platform.