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ARTQUID is a French Société à Responsibility Limitée (limited liability company) with capital in the amount of 20,000 euros, registered on the Paris Trade Register under number 489 708 644 00021, with its head office in Paris, France (hereinafter referred to as "ARTQUID").

ARTQUID allows Users who have signed up as Members an exhibit space sales service which allows art market professionals or individuals (hereinafter referred to as “Sellers” to propose works of art for sale (hereinafter referred to as the “Works”°, and potential purchasers hereinafter referred to as “Purchasers”) to make one or more offers online.

Therefore, ARTQUID is acting solely as a technical intermediary.  It does not participate in the contracts which may be entered into between Sellers and Purchasers.  The users recognize that ARTQUID’s sole obligation is that of due diligence.

Article 1. – General Provisions

The present General Terms of Use are applicable to all Sellers who acknowledge having read and accepted them, without limitation or qualification, by clicking on the “I accept the present Terms” icon when advertising putting an advertisement online.

Like all Users of the Site, the Seller also accepts the Terms of Use of the Site.

ARTQUID reserves the right, without giving any compensation and/or notice, to suspend or to close the account of, or to refuse future access to all or part of the services proposed on the Site to any Member who refuses to respect the provisions of the present Terms of Use and to pursue any possible claims against him/her.

Article 2 - Orders and Prices

The Seller wishing to publish an Advertisement on the Site places an Order with ARTQUID in keeping with the present General Terms of Sale.

The Prices applicable are those indicated on the Site at the time the Order is placed.

ARTQUID reserves the right to change these Prices at any time without prior notice.

Article 3 - Payment

Payment of the price is due at the time the Order is placed.

Payment may be carried out by cheque, bank transfer or by credit or debit card (PayPal accepted).

Article 4 – The Advertisements

The Advertisements may cover works of art falling into any one of the categories presented with the ARTQUID catalogue.

The advertising form, called a Description Card, shall contain various bits of information concerning the work of art being offered for sale (Name of the Artist, Date, Discipline, Technique, Condition, Price, etc).

Before putting the work online, ARTQUID verifies the following:

- That the images proposed are of a good quality,
- That all of the information required concerning the work has been furnished.

In any case, the Description Cards are drawn up in keeping with the information provided by the Seller, and can, in no way whatsoever, render ARTQUID liable due to the reliability and/or the accuracy of the information contained therein.

ARTQUID undertakes to use its best efforts to respect and/or to cause Sellers to respect the entirety of the regulations applicable to the sale of works of art.

The Sellers expressly undertake towards ARTQUID not to present on the Site any illicit works, contrary to trade usage and to accepted standards of behaviour, nor any stolen or counterfeited works and to respect the entirety of the regulations applicable to the sale of works of art, to copyright and consumer protection.

ARTQUID can in no way be held liable for the possible failure of the Sellers to respect their commitments.

4.1 - Contents of the Information

The Advertisements presented on the Site contain information concerning works put up for sale.  In accordance with article 6 of the Terms of Use of the Site, this information is furnished as is.

ARTQUID assumes no responsibility concerning the contents of the information furnished and makes no guarantee concerning the authenticity, the origin or the characteristics of the work sold.  The Seller is solely liable for the contents of the information presented.

4.2 Literary and Artistic Property Rights

In the event that a work being advertised is protected by copyright, the Seller hereby declares, in particular, to have received from the artist the rights and authorizations required pursuant to Intellectual Property regulations, in particular the right to reproduce the Works and to have them reproduced, to present them and to have them represented, to digitize them, to draw up a data base in order to present them online and to market them as well as their artists for the purposes of selling them covering the entire period that the advertisement runs and for an additional two-year period following its removal from the Site.

The Seller expressly authorizes ARTQUID, during the entire period that the Works are presented online, and thereafter, for two years after their possible withdrawal, to use, free of charge, all the intellectual property rights that the former guarantees that he/she holds over the Works, the photos, the texts and the descriptive elements pertaining thereto in order to permit ARTQUID to present the Works on the Site for the purposes of their sale, of promoting their artists and of creating a data base.

Article 5 – Undertakings and Guarantees/Warranties given by the Seller

Generally speaking, the Seller undertakes to respect the entirety of the applicable regulations and remains solely liable for carrying out the transactions made through the intermediary of ARTQUID.

Within the framework of its contractual relations with the Purchasers, the Seller undertakes, in particular, to respect the regulations concerning sales and remote payment terms as well as consumer protection regulations in order that ARTQUID cannot be held liable pursuant to these regulations.

The Seller undertakes the following in particular:

- Not to use the Site in a manner contrary to the Terms of Use applicable to the Site;

- Not to put up for sale on an Internet site similar to the one operated by ARTQUID or in competition therewith or through any form whatsoever, the Work presented on the Site, with the exception of his/her own sales area or Internet site;

- To furnish to ARTQUID, free of charge and under his/her sole responsibility, a description of each of the objects for sale, in particular the category (drawing, painting, engraving, etc.) the artist, the date of its creation, its origin, its condition.  The description of the objects should not be confusing; their description must be sufficiently precise to allow them to be identified.  It should also be as complete as possible, concerning, among other things, the technique.  Any restoration work which, in particular, might have altered the quality of an object must be mentioned.

- To communicate any updates concerning the objects on sale and their descriptions to ARTQUID as soon as possible.

The Seller shall hold ARTQUID harmless against any remedies of any type whatsoever put forward by its own clients, principals, artists, Purchasers, or third parties, and against any action or complaint which might be brought against ARTQUID concerning the presentation of the Works, the distribution of any information pertaining thereto, with the exception of any wilful misfeasance or failure to respect the conditions of the present General Terms of Sale on the part of ARTQUID.

Article 6 - Undertakings of ARTQUID

ARTQUID undertakes to diligently and loyally perform the entirety of its obligations with regards to both the Sellers as well as the Purchasers.

ARTQUID undertakes to respect the entirety of the regulations applicable to website publishers and operators, to electronic commerce, to intellectual and industrial property rights, as well as to consumer protection regulations, subject to the warranties and representation of the Seller found in the present General Terms of Sale and in the General Terms of Use of the Site.

Nevertheless, the Users recognize and accept, given the nature of the services provided, that pursuant to the present General Terms of Sale, ARTQUID is solely required to exercise due diligence.  As a consequence, the responsibility of ARTQUID can only be called into play in the event that wilful misfeasance concerning its obligations is proven.

Article 7 – Refusal to Disseminate

ARTQUID reserves the right refuse to insert any message which might prove to be contrary to its financial or moral interests, which might be indecent or constitute a breach of legal or regulatory provisions in effect.  This refusal does not give rise to a right to damages in favour of the Advertiser.

Article 8 - Liability

Any delay, suspension or cancellation of service due, in particular, to technical weaknesses related to the operation of the Internet (network), outside of ARTQUID and for reasons beyond its control, may not serve as grounds for a refusal to pay, even partial, on the part of an Advertiser, nor give rise to a right to a new advertisement at ARTQUID’s expense, or to any type of compensation whatsoever in favour of the Advertiser.

Any delay, suspension or cancellation of service can only possibly give rise to a reimbursement or the total or partial non-collection of the cost of advertisement.

In the absence of an express provision, ARTQUID does not guarantee that no advertisements for competing objects of whatever type or form and wherever located on the Site shall not appear.  Likewise, ARTQUID cannot be held liable due to the appearance on the Site, following the signature of an Order, of new publicity spots, of whatever type, form and wherever located on the Site.

Article 9 - Notices

Any communication, correspondence, or notification between the Parties may be sent in writing, on paper or electronically, in accordance with the provisions of articles 1316 et seq. of the French Civil Code, as amended by the Act of 13 March 2000 relative to the adaptation of the law of evidence to information technology and relative to electronic signatures, except for notices for which a registered postal letter with acknowledgement of receipt is expressly required.

Article 10 - Applicable Law and Attribution of Jurisdiction

All the provisions of the present General Terms of Sale shall be governed by French law.

The Courts of Paris shall have exclusive jurisdiction over any litigation concerning the interpretation and/or the performance of the Present General Terms of Sale.


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