Terms and conditions of Sales
Article 1. Entirety
These Terms and conditions express the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These Terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to in-store sales or through other distribution and marketing channels.
They are accessible on the Artransfer digital internet or mobile web platform ("the Platform") or any other affiliated platforms belonging to the Artransfer company and shall prevail, if applicable, over any other version or conflicting document.
The seller and the buyer agree that these Terms and conditions exclusively govern their relationship. Artransfer reserves the right to modify its Terms and conditions from time to time. They shall be applicable upon their posting online.
If a sales condition is found to be missing, it shall be considered governed by the practices in force in the distance selling sector in which companies have their registered office in France.
These Terms and conditions of sale are valid until December 31, 2030.
Article 2. Content
The purpose of these Terms and conditions is to define the rights and obligations of the parties in the context of online sales of goods offered by a seller to a buyer, from the Artransfer platform.
These conditions apply to purchases made by buyers and sellers regardless of their location.
These purchases concern the following products: collectible goods, design objects and works of art in all their forms, including dematerialized ones.
The buyer declares that they have read these Terms and conditions of sale and have accepted them before their immediate purchase or the placing of their order. In this regard, they are binding on them in accordance with the terms of Article 1119 of the Civil Code.
Article 3. Pre-contractual information
3.1 The buyer acknowledges having been provided, prior to the act of purchase, in a readable and understandable manner, these Terms and conditions of Sale and all the information listed in Article L. 221-5 of the Consumer Code.
3.2 The following information is provided to the buyer in a clear and understandable manner:
— the essential characteristics of the goods offered by a seller, which have been provided by the seller;
— the price of the goods offered by the seller,
— the price of services offered by Artransfer or by the seller;
3.3 Artransfer provides the buyer with the following information:
— payment methods,
—delivery options.
Article 4. Identity verification of seller and buyer
To secure payments on the Artransfer platform and to protect Artransfer users, all seller profiles are verified via our partner KYC.
To respect French legal obligations regarding the Tracfin law, buyer profiles who make a purchase over 10,000 euros on the Platform will be verified. Artransfer reserves the right to verify any other user profile if requested to do so by its payment intermediaries, at the request of competent bodies or for any other reason of its own.
Article 5. Buying
The buyer has the option to purchase online, from the online catalogue for any product, within the limits of availability at the time of the sale.
If the seller is unable to deliver the artwork, the seller must inform Artransfer by email within 48 hours, and the sale will be canceled. In this case, the amount paid by the buyer will be fully refunded.
To validate the order, the buyer must accept these Terms and conditions by clicking on the indicated area. The buyer must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final:
— After the buyer receives an email confirming the acceptance of the purchase by the seller and by Artransfer within 48 hours;
— After Artransfer receives the full payment;
— After the buyer receives the ordered artwork and confirms that it conforms to their purchase. The buyer has 48 hours to inform Artransfer that the artwork is in conformity with their purchase. By confirming this or after the 48 hours period has passed, Artransfer considers the sale to be final.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute regarding this point will be dealt with within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address, or any other problem with the buyer's account, Artransfer reserves the right to block the buyer's order until the problem is resolved.
Cancellation of the order and any refund will then be made.
For any questions regarding the follow-up of an order, the buyer must contact Artransfer's customer service.
Article 6. Commissions on Artransfer
For each transaction regarding the marketplace, Artransfer takes a 8% including VAT commission on the seller's share and a 8% including VAT commission on the buyer's share. The amount received by the seller thus corresponds to the "Asking price" reduced by 8% including VAT. The selling price, on the other hand, corresponds to the "Asking price" increased by 8% including VAT.
For customized art searches, Artransfer charges a commission that varies depending on the complexity of the search and the transaction conditions.
Article 7. Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will serve as proof of the buyer's agreement:
— to the requirement to pay the amounts due under the purchase order,
— to the signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the credit card, the buyer is invited, upon discovering such use, to contact Artransfer's customer service and provide evidence of the fraudulent use of the credit card.
Article 8. Purchase confirmation
Once the transaction is completed, Artransfer will send a sales statement to the seller and a purchase statement to the buyer, including the commissions owed to Artransfer and any taxes that Artransfer should collect on behalf of the state in the context of the resale of a work of art (droit de suite) or a property with capital gains (if applicable).
Article 9. Transaction proof
The computerized records, kept in Artransfer's computer systems under reasonable security conditions, will be considered as evidence of communications, purchases, and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be used as evidence.
Article 10. Items information
The products governed by these Terms and conditions are those listed on the Artransfer platform and indicated as sold and shipped by the seller. They are offered subject to their availability confirmed by the seller after purchase.
The products are described and presented with the greatest possible accuracy by the sellers. All information provided is the sole responsibility of the seller. However, if any errors or omissions may have occurred in this presentation, Artransfer cannot be held responsible.
The product photographs are not contractual.
Article 11. Prices
After verifying and validating the price requested by the seller, Artransfer applies its commission, rounding up to the nearest ten and collecting the difference.
The sale price is the one indicated on the website. However, the buyer has the option to propose a different price to the seller. If the seller accepts the offer, the new price will be used in the transaction.
The seller may change their prices at any time, with moderation from Artransfer (via chat or e-mail at hello@artransfer.com), but agrees to respect the sale price indicated on the Artransfer platform at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery fees, which are billed separately and indicated at the time of order validation or via quote after the purchase of the piece. Prices include applicable VAT on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of products in the online store. The full price must be paid at the time of the order. If the buyer has chosen to pay for their purchase in installments, they will have to make several payments. Payment in installments can be made up to 3 times spread over 3 months, if and only if the seller has accepted this payment method. It is only upon receipt of the full amount of the work and its delivery fees that Artransfer can organize the delivery of the piece.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, up or down, this change could be reflected in the sale price of the products.
Article 12. Shipping fees
Regarding the choice of delivery and payment, the buyer has several options depending on the location of the piece (and therefore the pickup address):
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Option 1 : If the piece is located in Paris, the buyer can choose to pick it up at one of our partner spaces, for a price of 25 euros to cover service costs. The buyer must then check and accept the piece on site. Transportation to the final location is paid for by the buyer and made under their responsibility.
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Option 2 : After purchasing the piece, Artransfer will find you the best transportation solution and will offer you two quotations from two different specialized transporters once you have purchased your part. After the buyer has chosen and validated a quote, payment will be made by bank transfer or credit/debit card to Artransfer, who will give the carrier all the information needed to deliver the item directly to your home.
Article 13. Payment methods
This is a purchase with an obligation to pay, which means that placing an order implies full payment by the buyer.
To pay for their purchase, the buyer has the choice of all the payment methods made available by the Artransfer platform. Artransfer reserves the right to suspend any order management and delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. Artransfer also reserves the right to refuse to make a delivery or honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. Artransfer has implemented an order verification procedure to ensure that no one uses the bank details of another person without their knowledge.
Payments made by the buyer will only be considered final after effective receipt of the amounts due by Artransfer.
Artransfer will only accept payment and pay the seller if the buyer has received, accepted the package and validated that the artwork is consistent with the description provided.
Article 14. Item’s availability – Refunds – Problem solving
It is the responsibility of the seller to remove their artwork from the sale if it is no longer available or has been sold through another means. If at the time of purchase the artwork is no longer available, the seller has 48 hours to inform Artransfer who will cancel the sale and refund the buyer.
The seller agrees to make the artwork available for the chosen carrier to pick up for shipping within a maximum of 15 working days.
In the event of incapacity, it may be agreed between the seller and the buyer to extend the deadline by an additional 15 days through Artransfer's customer service.
If the agreed-upon deadline is not met, the buyer may freely cancel their purchase and receive a refund of the full amount paid. As for the seller, they will have to reimbursed any incurred as a result of the cancellation of the sale.
The buyer must carry out these successive formalities by sending emails to Artransfer, ensuring that these emails have been received by the customer service.
The sale will be considered canceled when Artransfer has confirmed the cancellation.
In this case, when the sale is canceled, Artransfer will refund the amounts paid by the buyer within a maximum of 30 days following the date on which the purchase was canceled. As for the seller, they will have to reimburse any cost incurred as a result of the cancellation of the sale.
Article 15. Shipping modalities
The delivery includes the transfer of the artwork until its physical possession by the buyer. It is triggered only after confirmation of payment by Artransfer's banking institution.
Except in the case of a hand delivery, deliveries are handled by specialized carriers, who are the only ones authorized to define delivery times once the order is confirmed.
Artransfer cannot be held responsible for delivery delays.
The artwork is delivered to the address indicated by the buyer for delivery at the time of purchase or, by default, to the address indicated in their user account. The buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the artwork. If it has been damaged, the buyer must refuse the package and note a reservation on the delivery slip (“package refused because it was opened or damaged”).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to be carried out as soon as the buyer, or a person authorized by them, has signed the delivery note.
The buyer must then confirm these reservations by registered mail to the carrier no later than 5 working days following receipt of the artwork and send a copy of this letter by e-mail to Artransfer at the address indicated in the legal notices of the platform.
If the artwork needs to be returned to the seller, the buyer must request a return from Artransfer within 48 hours following delivery. Any claim made outside of this period cannot be accepted. The return of the artwork can only be accepted in its original packaging or equivalent and accompanied by all its accessories (including framing and any related documentation).
Article 16. Shipping errors
The buyer must notify the seller on the day of delivery or at the latest on the first working day following the delivery, of any claim for delivery error and/or non-conformity of the artwork with respect to the indications on the order form. The return costs are the responsibility of the seller.
Any claim made beyond this deadline will be rejected.
Any claim not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the buyer.
Article 17. Risks transfer
Artransfer is released from the delivery as the seller has entrusted the delivery to a carrier of their choice.
Artransfer offers partner locations in Paris to facilitate deliveries of works located in Paris. Transportation responsibility is then linked to the seller and the buyer, who respectively drop off and pick up the artwork that is the subject of the transaction.
For artworks located outside of Paris or if the seller has chosen professional transport, Artransfer undertakes to offer two quotations from two different specialised transporters, including the transporter’s insurance up to the value of the work. The transporter is then responsible for the risks linked with transporting the artwork that is the subject of the transaction.
Article 18. Product’s guarantee
Legal guarantee of conformity and leag guarantee against hidden defects.
The seller is responsible for ensuring that the artwork is in conformity with the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code, or the guarantee against hidden defects in accordance with articles 1641 et seq. of the French Civil Code.
The buyer is expressly informed that the seller is not the producer of the products presented on the Artransfer website within the meaning of Law No. 98-389 of May 19, 1998, concerning liability for defective products.
Article 19. Non-compliance and retraction right
In accordance with article L.121-16 of the Consumer Code, the provisions relating to the right of withdrawal only apply when a distance sales contract has been concluded by a consumer with a professional seller. Therefore, since Artransfer is a platform for the resale of artworks between individuals, the buyer cannot avail himself of this right of withdrawal.
However, if the buyer receives an item that differs significantly from its description and photos, it is then considered non-compliant and opens the right to a refund. To exercise your right to a refund, you must notify Artransfer by email (hello@artransfer.com) of the non-compliance of your purchase with the description and photos presented on the platform. Your email must be reasoned and include evidence of this non-compliance. If Artransfer finds blatant non-compliance, then you will be refunded for your purchase.
We will process the refund using the same payment method that you used, unless we expressly agree on a different payment method. The refund is free of charge for you. We reserve the right to defer the refund until the artwork seller has received the item or until you have provided proof of shipment of the item, the date of which will be the first of these events.
You must return or return the artwork to Artransfer (if and only if the partner location option had been chosen) or to the seller, without delay and in any event no later than 7 days from the day you communicated your withdrawal statement to us. The choice of transport depends on the original shipment of the artwork. If you chose the partner location option, you can drop off the artwork at one of Artransfer's partner locations. If you had chosen the option of direct shipment by the seller via a specialized carrier, the return must be made by the same carrier or an equivalent specialized carrier for artworks.
The seller will be responsible for the return of the work and any costs arising from the non-conformity of the work.
This period is respected if you send the artwork before the expiry of the period.
You must bear the loss in value of the returned artwork if it was damaged when it was under your responsibility (between receipt and return of the item). The buyer will be responsible for any costs related to the damage and repair of the work. The seller will be responsible for the return costs. Artransfer is available to the buyer and the seller to find a fair solution.
Article 20. Force majeure
Any circumstances beyond the control of the parties that prevent the normal execution of their obligations are considered as grounds for exemption from the parties’ obligations and result in their suspension.
The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence and their disappearance.
Will be considered as force majeure events any irresistible events or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties, and which cannot be prevented by them, despite all possible reasonable efforts. Specifically, force majeure events or fortuitous events include, in addition to those usually accepted by the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the cessation of telecommunication networks, or difficulties specific to external telecommunication networks to customers.
The parties shall work together to examine the impact of the event and agree on the conditions under which the contract shall be executed. If the force majeure event lasts for more than one month, the purchase agreement may be canceled by either party.
Article 21. Intellectual property
The content of the platform (technical documents, drawings, photographs, descriptions of works, etc.) is the property of Artransfer, the sole holder of intellectual property rights over the content.
The seller agrees to upload photos for which they hold all intellectual property rights or which are royalty-free. By submitting descriptive elements of the artwork on Artransfer, the seller cedes all rights.
Buyers and sellers agree not to use this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright law.
Article 22. Informatics and Liberties
The personal data provided by the buyer are necessary for the processing of their order and for the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Artransfer website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the modalities defined on the Artransfer website.
Article 23. Partial non-validation
If one or more provisions of these Terms and conditions are held to be invalid or declared as such in application of a law, a regulation, or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.
Article 24. Non-renunciation
The fact that one party does not rely on a breach by the other party of any of the obligations set out in these Terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 25. Title
In case of difficulty in interpreting any of the headings appearing at the top of the clauses and any of the clauses themselves, the headings will be declared nonexistent.
Article 26. Contract’s language
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be binding in the event of a dispute.
Article 27. Mediation
The buyer may use conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 28. Applicable laws
These Terms and Conditions are subject to French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer will first contact the seller to seek an amicable solution.