Conditions of Sale
Date of entry into force: May 16th 2022
The Art Pledge is the world’s first art x cause global platform supporting causes selected by artists on NGO projects chosen by buyers, thanks to a % donation made on every artwork sale.
The Art Pledge provides on its website https://theartpledge.org/ an e-commerce platform allowing its users (the “ Buyers ”) to buy Artworks (“ Artworks ”) from partner galleries (the “ Platform ”): a percentage of the value of the Artwork goes to an NGO project chosen by the Buyer on the Platform, on one of the 17 UN Sustainable Development Goals chosen by the artist.
The Art Pledge's promise is: Buy meaningful art. Impact defining causes. Make life better.
The functional and technical characteristics of the Platform and the services proposed by The Art Pledge (the “ Services ”) are described on the websitehttps://theartpledge.org/.
- Purpose
These Terms and Conditions apply without restriction or reservation to all online sales proposed through the Platform.
Their purpose is to define the terms and conditions of online sales and delivery of Artworks as well as to define the rights and obligations of the Parties in this context. It also governs the services offered to Buyers independently of online sales (together defined as the “ Services ”).
They can be accessed and printed at any moment from a direct link on the Platform.
The applicable version of the Terms and Conditions is the one accepted by the Buyer on the day of his/her order, a copy of which is sent to him/her with his/her order confirmation.
These terms and conditions of sale shall prevail over any other general or special terms and conditions not expressly approved by The Art Pledge or the Buyer.
They may be subject to certain terms and conditions of use specific to certain Artworks or services. These specific conditions are hereby incorporated into the Terms and Conditions of Sale and, in the case of any inconsistency between the Terms and Conditions of Sale and these specific conditions, the latter will prevail.
- Manager of the Platform - Contact details
The Platform is managed by the company THE ART PLEDGE, a French Simplified Joint Stock company registered under the number 897 645 693 with the Registry of Trade and Companies of Pontoise, and whose head office is located at 40 rue Saint-Protais, 95550 Bessancourt (France) (“The Art Pledge”).
The Art Pledge can be contacted through any of the following channels:
Street Address: 40 rue Saint-Protais 95550 Bessancourt (France)
Phone: +33 1 39 95 22 86
Email address: contact@theartpledge.org
- Definitions
Artist: refers to an artist represented by the Gallery, which has informed The Art Pledge of the artist’s agreement to participate in the Platform.
Artwork: shall designate the work of art offered for sale by the Gallery through the Platform.
Buyer: shall mean any natural or legal person ordering an Artwork through the Platform or through the connection made by The Art Pledge.
Gallery: refers to the Gallery representing Artists and offering Artworks for sale on the Platform as part of its commercial activity.
Platform: refers to the website https://theartpledge.org/ hosted by The Art Pledge.
- Legal capacity and acceptance of the Terms and Conditions
- Legal capacity
The Platform is accessible to :
- any natural person who has full legal capacity, ie. Who is at least 18 years old or with the consent of his/her legal representative, to commit under these Terms and Conditions. A natural person who does not have full legal capacity may only access the Platform with the consent of his/her legal representative.
- any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
- Acceptance of the Terms and Conditions
The Buyer will confirm his/her acceptance of these Terms and Conditions by checking a box when ordering the Artwork he/she has chosen. This acceptance can only be full and complete. Any qualified acceptance is considered as null and void.
Any Buyer who does not accept to be bound by these Terms and Conditions must not place an order on the Platform.
- Registration on the Platform
- To place an order, the Buyer must register on the Platform by completing the registration form provided for this purpose.
In all cases, the Buyer must provide all the information indicated as mandatory. Any incomplete registration will not be validated.
Registration automatically entails the opening of an account in the Buyer's name (the " Account "), giving them access to a personal space (the " Personal Space ") that enables them to manage their purchases in a form and according to the technical means that The Art Pledge deems most appropriate.
The Buyer assures that all information they provide in the registration is accurate, up to date and truthful, and is in no way misleading or dishonest.
The Buyer agrees to update this contact information if ever it should change (in particular should they change address).
The Buyer is hereby informed and accepts that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by the Buyer will be binding upon confirmation.
- The Buyer can access their Account by connecting to the Platform using their connection ID and password.
The Buyer undertakes to use their Account personally and not to allow any third party to use it in their place or on their behalf, unless they bear full responsibility for it.
The Buyer is equally responsible for maintaining the confidentiality of their login and password, any access to the Platform using them being deemed to be made by the Buyer. The Buyer must immediately contact The Art Pledge at the contact details mentioned in the article " Manager of the Platform and Contact Details ” herein if they notice that their Account has been used without their knowledge. The Buyer acknowledges The Art Pledge 's right to take all appropriate measures in such a case.
- Ordering
The Platform allows connecting Galleries and Buyers for the purpose of direct sale of their Artworks by the former to the latter, according to these Terms and Conditions. This connection, as well as the Services, are provided in a form and according to the functionalities and technical means that The Art Pledge deems most appropriate.
- Artwork features and Galleries‘ identification
Artworks are offered for sale by the Galleries identified on the Platform, directly to the Buyers. The Art Pledge is solely acting as an intermediation platform between Galleries and Buyers.
Before placing an order online and in accordance, notably, with the clauses of article L111-1 of the French consumer code, the Buyer can read on the Platform the description of each Artwork they wish to order, with the description of the Artist, both of which are provided by the Platform with validation by the Gallery
The Artworks are offered for sale online within the limits of available stocks, or subject to the possibility of ordering them if necessary.
The photographs and descriptions of the Artworks offered for sale online are as accurate as possible. They only commit the Gallery for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Artworks and in particular their color may not correspond exactly to the photographs presented on the Platform, due to technical constraints.
- Placing an order
Artworks prices will be visible on the Platform under the following options:
- Net price: direct selling,
- Price bracket: indirect selling via “Contact us” button.
If interested in an Artwork in “price bracket”, the Buyer may contact The Art Pledge, in order for The Art Pledge to check its availability and possibly meet some specific requests of the Gallery regarding the Buyer and the sale. The Art Pledge acknowledges that when offer is below demand on some Artists and Artworks, the role of the Gallery is to value each Artwork placement in valuable collections in the interest of the artist’s career. The Art Pledge offers the “Contact us” option to galleries for their high demand artists and Artworks. Answering the request, The Art Pledge will ask several questions such as:
- Why are you interested in this Artist? How did you get to know them?
- Could you tell us more about you as a collector? What do you collect, since when, why is this acquisition meaningful to you?
If the Gallery is happy with the Buyer answers provided by The Art Pledge, the sale is agreed by the Gallery. In some exceptional cases, the Gallery could be put in contact with the Buyer directly; in this case, the Gallery agrees to keep The Art Pledge informed of its final decision. The sale confirmed will then go through the Platform.
In case the sale is not validated by the Gallery, the Gallery undertakes to keep the Artwork for sale on the Platform, for a minimum period of one month, at the same price.
The Gallery guarantees the Buyers and The Art Pledge that all information provided in the registration form and regarding the Artists and their Artworks is accurate, up to date, updated within one working day if sold elsewhere, sincere, and not misleading.
The Art Pledge cannot be held responsible for the offers of Artworks proposed by the Gallery and the orders which result from them.
Artworks are offered for online sale subject to the possibility of ordering them if possible.
To place an order, the Buyer must select the Artwork of their choice and place it in their shopping cart.
They may select Artworks by different Galleries in the same order. However, they are expressly informed and accept that the purchase from each Gallery is, from a legal point of view, the object of a separate sales agreement.
As part of the purchase, the Buyer recognizes and accepts that they have the obligation to select an NGO project for a donation by the Gallery, for each Artwork.
A summary of the shopping cart contents can be accessed for a period of 48 hours at any moment, as long as the order has not been definitively validated and any potential errors in the Artworks chosen can be corrected. The Buyer is informed, in this summary, of the delivery charges related to their order, according to their delivery address. They can then validate their order.
- Order acknowledgment and confirmation
At the end of their order, the Buyer receives by email an acknowledgment of receipt of this one.
Then, The Art Pledge will inform the Gallery of the order and verify that the Artwork is still available.
If the Artwork is unavailable, The Art Pledge shall inform the Buyer and the order shall be canceled. The Buyer shall be refunded the price of its order as soon as possible and at the latest within 14 days following the cancellation.
The period for informing the Buyer of the availability or unavailability of the Artwork may be suspended in the event that the Gallery has informed The Art Pledge of its absence. The Art Pledge shall then inform the Buyer as soon as possible, by any useful means.
If the Artwork is available, The Art Pledge shall send the Buyer an email confirming the order, which constitutes the final validation of the order and :
- summarizes the elements of the order and the expected delivery time,
- contains the terms and conditions of sale in force on the day of the order,
- includes the invoice corresponding to the order.
The Buyer must make sure that the contact details that they entered in their Account are correct and that they permit the Buyer to receive the order confirmation email. If the Buyer does not receive an order confirmation email, they must contact The Art Pledge using the contact details mentioned in Article 2.
The Art Pledge recommends the Buyer to keep the information contained in the order confirmation.
- Prices and methods of payment
- Prices
The sale prices of Artworks are displayed on the Platform.
Unless stated otherwise, they are indicated in euros, pounds, or US dollars, all taxes included (French VAT and other applicable taxes).
The sale price does not include the delivery charges, which will be invoiced in addition to the price of the Artworks being purchased. The amount of applicable delivery charges will be indicated before the Buyer validates their order.
The price that applies is the price displayed on the Platform at the moment the Buyer’s order is being placed.
Caution : Outside the European Union as well as in the French Overseas Departments and Territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the Artwork by the Buyer, in addition to the price paid to The Art Pledge. These duties and taxes, the amount of which The Art Pledge cannot predetermine and therefore cannot inform the Buyer prior to their order, remain at the Buyer’s charge, who remains solely responsible for the making of any related declarations and/or the obtaining of any related authorizations.
With their partner Avalara, The Art Pledge gives an estimate of Tax & Duties that the Buyer may have to pay, in order to give the Buyer the most complete price they can. However this remains an estimate and The Art Pledge cannot be held responsible if the resulting Taxes & Duties paid by the Buyer are a different amount than that estimated during the purchase.
- Terms of payment
The total price of the Artworks is due for payment when the order is placed.
Payment for the Artworks can be made online:
- by credit card, through the payment processing software indicated on the Platform,
- or by any other means that are proposed on the Platform at the moment of ordering.
The Buyer ensures The Art Pledge that they dispose of the required authorization to use the chosen means of payment.
The Art Pledge reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount owed by the Buyer, any payment irregularity, or fraud or attempted fraud relating to the use of the Platform.
Fees of an amount equaling 1,5 times the legal French interest rate will be applied to the unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.
- Payment processing software
All payments made through the Platform are handled by the payment processing software listed on the Platform (the " Payment processing software ").
The Buyer contracts directly with the Payment processing software in respect of the processing of such payments and agrees to its termsandconditions when agreeing to The Art Pledge’s conditions of sale.
If the Payment processing software rejects or terminates the Buyer’s subscription, the Buyer cannot buy any Artwork on the Platform.
In return, termination of the contractual relationship between the Buyer and The Art Pledge will result in termination of the Buyer contract with the Payment processing software.
In the event of any conflict between the Payment processing software's terms and conditions and these Terms and Conditions, the latter shall prevail.
The Buyer expressly mandates The Art Pledge to transmit to the Payment processing software all their instructions relating to payments made on the Platform.
- Billing
Purchase invoices will be sent to the Buyer by any useful means.
- Retention of ownership
Each Gallery retains full and complete ownership of Artworks sold until payment has been made in full.
- Vigilance and anti-laundering obligations
If a single transaction equals or is higher than 10.000 euros, The Art Pledge will verify that the Buyer fulfills the obligations required by the EU/UKAntiMoneyLaundering (AML) regulations :
- If all the required information is transmitted and validated by the service provider selected by The Art Pledge, the sale of the Artwork is confirmed and the transaction can be completed.,
- If some of the information cannot be validated (e.g., if the ID photo is not 100% recognizable), The Art Pledge will manually check the information sent by the Buyer. If there is still a doubt, the sale can then be submitted to the final decision of the Gallery.
- In case the sale is not validated due to the Buyer's failure to comply with one or more of its KYC obligations, the Gallery undertakes to keep the Artwork for sale on the Platform, for a minimum period of one month, at the same price.
If the Gallery declines the sale, the Buyer will be informed, and the transaction is cancelled.
- Artworks delivery
- Territory of deliveries
The Buyers are expressly informed that the Platform offers the delivery of Artworks worldwide.
- Delivery methods
The Artworks ordered on the Platform will be delivered to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address), provided that it is located in the possible delivery territory for the Artworks concerned.
Different delivery methods are possible, depending on the Gallery’s choice, the category of the Artwork and its weight.
The Buyer will be informed before the validation of their order of the different methods of delivery that are possible for the Artwork being ordered and the charges corresponding to each method, if the need arises.
The Buyer must select the method of delivery proposed by the Gallery and that they wish to use, and provide all necessary information to facilitate the successful delivery of the Artwork through this method.
The terms and conditions of delivery are agreed directly between the Buyer and the carrier proposed by the gallery concerned.
- Delivery times
An estimated delivery date is indicated to the Buyer in the order confirmation email, that will be confirmed by the carrier.
In the event of failure to deliver within the above time limit, the Buyer may cancel the order, by registered letter with acknowledgement of receipt or in writing on another durable medium sent to The Art Pledge for transmission to the Gallery, if, after having instructed the latter, according to the same terms, to make delivery within a reasonable additional period, it has not done so within this period.
The contract shall be deemed to have been terminated on receipt by The Art Pledge of the letter or writing informing it of such termination, unless the order has been executed in the meantime.
In the event of termination of the contract in accordance with the above terms, the Buyer shall be reimbursed for all sums paid by them, including delivery costs, no later than 14 days following the date on which the contract is terminated.
- Right of withdrawal (EU citizens)
The Buyer has a limit of 14 days from their reception of the ordered Artwork to withdraw their Artwork ordered without having to justify their motives or pay any fees, apart from the return carrier costs.
The Buyer must notify The Art Pledge of their wish to exercise this right of withdrawal, using the contact details mentioned in Article 2, before the expiry of the above deadline, and send to The Art Pledge the withdrawal form available in appendix, duly completed, or a statement clearly expressing their willingness to withdraw and including their order number. The Art Pledge shall promptly forward the form or statement to the Gallery in question and shall provide the Buyer by email the Gallery's contact information, as well as a prepaid shipping slip, for the purpose of returning the Artwork.
The Artwork must imperatively be returned to the Gallery in its original packaging, without undue delay and at the latest within 14 calendar days following the communication, by the Buyer, of his wish to withdraw. A copy of the corresponding purchase invoice must be sent back with the Artworks. The Buyer shall be deemed liable in the event of deterioration of the Artwork when it is returned to the Gallery.
The Buyer shall be reimbursed as soon as possible, after deduction of any return costs, which shall remain the responsibility of the Buyer. However, The Art Pledge reserves the right to defer this reimbursement until the Artwork has been effectively recovered by the Gallery.
For any order of a work made specifically by the Gallery on request of the Buyer, this one could be the object neither of a cancellation, nor of a refunding.
- Legal safeguards
The Buyer enjoys legal safeguards against non-compliance as well as against latent defects of the thing sold including defects of conformity resulting from the packaging of the Artworks ordered on the Platform.
If the Buyer notices that the Product they were delivered has a defect, is non-compliant or damaged, he/she must inform The Art Pledge, at The Art Pledge’s address indicated in Article 2, indicating the nature of the defect, non-compliance or damage found. The Art Pledge shall inform the Gallery concerned without delay and shall provide the Buyer by email with the Gallery's contact details for the purpose of returning the Artwork.
The Art Pledge will then organize the means through which the Buyer can return the Artwork and will inform the Buyer of these means through any pertinent channel. The Gallery will cover the return carrier costs.
The Artwork must be returned to the Gallery in its original packaging, with all of its accessories. A copy of the corresponding purchase invoice must be sent back with the Artworks.
Returns of Artworks that do not comply with the terms and conditions described above will not be taken into account.
The Gallery will carry out the necessary checks and will propose to the Buyer the restoration or replacement of the Artwork as far as possible. If the restoration or replacement of the Product is impossible, the Buyer shall be reimbursed the full price paid for the Artwork as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 days following the date on which the Gallery has informed it of the impossibility of restoring or replacing the Artwork.
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It
is recalled that, when invoking the legal guarantee of conformity,
any consumer:
It
is also recalled that the legal guarantee of conformity applies
independently of any commercial guarantee that may be granted.
Any
consumer may also decide to implement the guarantee against hidden
defects of the thing sold within the meaning of Article 1641 of
the Civil Code. In this case, he can choose between cancelling the
sale or reducing the sale price in accordance with Article 1644 of
the Civil Code.
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- Services
In addition to the possibility of purchasing Artworks as described above, Buyers may benefit from the following Services:
- They can subscribe to the The Art Pledge newsletter,
- They can follow Galleries, NGO projects, Artists, UN Goals, andArtworks.
The Art Pledge reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate.
These Services are free of charge for the Buyer.
- Technical support
For any question related to the use of the Platform, The Art Pledge provides the Buyer with a technical support Service, consisting of assistance and advice, at the address contact@theartpledge.org .
Technical support is available by email from Monday to Friday, excluding public holidays, from 9 am to 6 pm (UTC +1).
- Obligations of the Buyers
The Buyer is solely responsible for the accuracy, completeness and currency of the information it provides to The Art Pledge for the purpose of using the Platform and implementing the Services, in particular its contact information.
Buyers are solely responsible for the use they make of the Artworks. It is their responsibility to check the suitability of the Artworks for their specific needs prior to purchasing the said Artworks.
Moreover, they must take the necessary measures to safeguard by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided to them.
Finally, it is the responsibility of the Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement.
- Obligations of The Art Pledge
The Art Pledge acts as a simple intermediary between the Gallery and the Buyers.
The Art Pledge agrees to supply the Services diligently and in accordance with trade practices, with it being hereby specified that it is bound by an obligation of due diligence to the exclusion of any absolute obligation, which the Gallery acknowledges and expressly accepts.
The Art Pledge's involvement is limited to supplying the Services described on the Platform, to the exclusion of any others.
The Art Pledge will make every effort to guarantee the security of the Platform. It guarantees the Buyer exclusive access to its account.
However, The Art Pledge may not be considered liable in the event of any intrusion into the Buyer’s account unless it has been demonstrated that the security measures it has put in place were seriously defective.
The Art Pledge may not be considered liable for any lack of vigilance on the part of the Buyer in maintaining the confidentiality of its username and password.
The Buyer expressly acknowledges and accepts that: (i) The Art Pledge can be asked by the Gallery to deliver specific services such as AML check or qualifying Buyers requests through “Contact us” option, but leaves the final decision in the hands of the Gallery ; (ii) the Buyer agrees to hold The Art Pledge harmless in any dispute or litigation which may arise with the Gallery, with the Buyer agreeing to personally resolve these.
The Art Pledge has no knowledge of the validity of the technical information posted online by the Gallery on the Platform regarding the Artworks, over which it performs no verification, except securing that all needed fields are filled.
The Art Pledge does not guarantee the Buyers that the Services, which are subject to ongoing efforts to improve them, including performance and progress, are totally free of all errors and defects or that they will function in an uninterrupted manner. In all circumstances, The Art Pledge reserves the option to temporarily interrupt access for maintenance and update reasons.
The Art Pledge agrees to treat the personal data it receives regarding the Services as strictly confidential and to take all necessary measures to guarantee the security and privacy of this data.
The Art Pledge agrees not to reuse all or part of this data in any form or to misuse it for any purpose other than its intended purpose, namely the performance of the Services.
The Art Pledge agrees that it will not use this data for prospection or commercial solicitation purposes.
The Art Pledge acts as an intermediation Platform and provides Galleries and Buyers with the technical tools and means to enable them to enter into a relationship for the purpose of buying and/or selling Artworks through the Platform. The Art Pledge's responsibility is limited to the provision of these means, as described herein, and to putting Galleries and Buyers in contact with each other. The Art Pledge acts in its own name and does not enter into any legal act in the name and on behalf of Galleries or Buyers, who contract directly with each other.
The Art Pledge is not a party to the contracts concluded between the Galleries and Buyers and shall not be held liable for any difficulties that may arise during the conclusion or execution of these contracts, nor shall it be a party to any disputes that may arise between a Gallery and the Buyers, in particular concerning the guarantees, declarations and other obligations of any kind to which the Gallery and the Buyer may be bound.
However, in an effort to constantly improve the quality of the Platform, The Art Pledge invites Buyers to send it any comments and information that they may wish to bring to its attention concerning the quality of transactions carried out through the Platform.
The Art Pledge may not be held liable for the non-execution or delay in the execution of sales contracts due to circumstances beyond its control or to a case of force majeure, it being expressly specified that cases of force majeure are considered to be cases of force majeure, in addition to those usually retained by the jurisprudence of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means of transport or postal services, including due to strikes, damage caused by viruses for which the means of security existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the present general conditions.
In any event, the liability likely to be incurred by The Art Pledge hereunder is expressly limited solely to proven direct damage suffered by the Buyers.
- Intellectual Property
The Art Pledge claims no ownership rights on the content submitted or made available by the Galleries on their profiles (images, photographs, videos, texts ...). Nevertheless, The Art Pledge holds a perpetual, worldwide, irrevocable, unlimited, non-exclusive and royalty-free right to use, copy, reproduce, modify, adapt, publish, translate, distribute and disseminate this content to promote its business, its brand, the Artworks, the Galleries, and the Platform itself, inside and outside the Platform. This may include publications on social networks, marketing and media campaigns, business development tools, sales promotion and advertising campaigns, audiovisual productions, etc. Consequently, Galleries waive any claim against The Art Pledge for any alleged infringement or misappropriation of a property right in connection with a legitimate use for its business and thus waive any right they may have to receive compensation following such use.
However, with respect to the Artists' Artworks, the Artists retain all copyrights to their Artworks even after ownership has been transferred to the Buyer.
Galleries do not own any rights to the Artwork they sell and must be authorized by the Artists to represent their Artwork. Buyers acknowledge that they do not acquire any ownership rights by purchasing an Artwork. At the time of the sale, the Buyer obtains representation rights on the Artwork but the Gallery retains a moral right as well as the rights relative to its reproduction.
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, etc.) used by The Art Pledge on the Platform are protected by all intellectual property rights in force or database producers' rights in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any of these items, without the authorization of The Art Pledge is strictly prohibited and could be subject to prosecution.
- Personal data
The Art Pledge is a controller of personal data of the Buyer as defined by the General Data Protection Regulation (regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016).
The Art Pledge has a personal data protection policy, the characteristics of which are set out in the document entitled " PrivacyPolicy ", which the Buyer is expressly invited to read.
- Commercial Advertising
The Art Pledge may insert advertising or promotional messages on any page of the Platform in a format, and according to the conditions, that The Art Pledge deems appropriate.
- Links and third-party platforms
The Art Pledge can in no way be held liable for the technical availability or unavailability of Internet website or mobile applications run by third parties (including website of any Gallery or The Art Pledge partner) that the Buyer may access through links on the Platform.
The Art Pledge will not take on any liability for content, advertisements, Artworks and/or services available on such third-party Platforms or mobile applications and users are hereby reminded that these Platforms are governed by their own terms and conditions of use.
The Art Pledge is also not liable for any transactions conducted between the Buyer and any advertisers, professionals or salespersons (including The Art Pledge’s partners) to which the Buyer may be oriented through the Platform and will not be part of any disputes whatsoever with these third parties particularly concerning the delivery of Artworks and/or services, guarantees, declarations or other obligations whatsoever to which these thirds parties may be bound.
- Prohibited behavior
- The following behavior is strictly forbidden: (i) any behavior that would interrupt, suspend, slow down or prevent correct operation of the Platform, (ii) any hacking or attempts to hack into The Art Pledge’s IT systems, (iii) any hijacking of the Platform's system resources, (iv) any acts that would place a disproportionate load on the Platform's infrastructure, (v) any attempts to breach the Platform's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of The Art Pledge or any user of the Platform, (vii) any action that uses the Platform for purposes other than that for which it was designed and finally generally, (viii) any breach of these Terms and Conditions or of any local policy or laws.
- It is also strictly prohibited to make money from, sell or concede all or part of one's access to the Platform or to the information that it contains.
- In the event of a breach of any of the provisions of this article or more generally, of any laws and regulations, The Art Pledge reserves the right to take any measures it deems appropriate and to instigate any legal action.
- Duration and unsubscription
The access to the Platform is granted to the Buyer for an indefinite period.
The Buyer may unsubscribe from the Platform at any time, directly on the Platform with the “Deactivate my account” button or by sending a request to this effect to The Art Pledge by email, to the contact details mentioned in article 2.
Unsubscription is effective within a maximum period of 7 days from this request. It entails the automatic deletion of the Buyer's Account.
When the Buyer's unsubscription is due to his/her refusal to accept the modification of the present Terms and Conditions, the Terms and Conditions previously accepted by the Buyer will remain applicable to him/her until the effective date of his/her unsubscription.
- Modifications
The Art Pledge reserves the right to modify the present Terms and Conditions at any time. In this case, the conditions that will apply will be those in force on the date the Buyer places their order.
The Buyers will be informed of these modifications by any useful means or, in any case, through an access to the modified general terms and conditions of sale at the time of any order placement following the entry into force of these modifications.
The Buyer who does not accept the modified general terms and conditions must unsubscribe from the Platform according to the terms and conditions set out in Article 20 and not place an order.
- Language
In the event of a translation of these Terms and Conditions in one or more languages, the language of interpretation will be the English language in the event of a contradiction or dispute over the meaning of a term or provision.
- Mediation
The Buyer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of the present contract between the Buyer and The Art Pledge, under the conditions provided for in Articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.
To this end, it may contact the following consumer mediator:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rueSaintJean 75017 Paris
Number: +33 1 89 47 00 14
- Applicable Law
These Terms and Conditions are governed by French law.