General conditions of sale of works of art

1. Object

These general conditions of sale apply automatically to any sale made by the company Art4You SAS.

These general conditions of sale prevail over all other agreements, pre-agreements, written or oral exchanges that the parties may have concluded or had. The only exceptions that can be made are the statements made on the front of the invoice issued by Art4You SAS.

2) Condition of goods

The goods are sold in the state in which they are at the time of the sale with their possible imperfections and defects. The buyer has, in this regard, the responsibility to examine each good before the sale on the descriptive photos of the work presented on the online sales site.

3) Intellectual property rights and copyright

Only the physical ownership of the tangible personal property that constitutes the work is transferred. This sale does not imply the transfer of any intellectual property right or copyright. Art4you SAS therefore does not give any guarantee relating to the intellectual property rights or copyright possibly relating to the object of the sale.

4) Price

The price is that mentioned in the invoice issued by Art4you SAS.

Unless otherwise stated, it is inclusive of all taxes and in particular does not include packaging and delivery costs.

Unless otherwise stated in the invoice issued, the sale is subject to the VAT regime on the margin in accordance with article 297A of the General Tax Code. Any additional costs are, however, subject to the ordinary VAT regime.

5) Terms of payment

Payment is made online by the following means:

• by bank transfer to the contact details indicated on the site,

• by credit card,

• By any other means of payment installed on the sales site.

6) Retention of title

Pursuant to article 2367 of the Civil Code, Art4YouSAS, or, if applicable, its principal, will remain the owner of the goods until full payment by the buyer of the sale price and any additional costs as soon as these appear on the same invoice as the said price.

As such, if the buyer is the subject of reorganization or judicial liquidation, the company Art4You SAS reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.

The seller retains ownership of the goods sold until actual payment of the full price in principal and accessory.

Failure to pay any of the due dates may result in the claim of goods. The buyer therefore undertakes to insure the goods sold for the benefit of which he will belong against all risks of loss, deterioration and damage that they may run or cause from their receipt.

The retention of title clause suspends the transfer of ownership effect of the sales contract until full payment of the price or special agreement between the parties. Such a suspension does not call into question the firm and final nature of the sale made upon agreement between the parties. (art. 1196 para. 1).

7) Delivery

Unless specifically mentioned in the invoice issued, delivery will only take place after the effective completion of the payment recorded on the account of Art4you SAS.

71 the work may also be made available to the purchaser at the premises of Art4you SAS in the event of an agreement not to deliver.

The costs and risks related to the possible delivery of the goods (removal, packaging, administrative and / or customs procedures, transport, delivery) are insured by Art4You SAS.

The buyer is required to check upon receipt of the good condition of the goods and, in the event of deterioration, to immediately inform the carrier and Art4youSAS.

72 In the event of an export sale, customs procedures will be carried out by the freight forwarder and more generally any service provider designated by Art4youSAS, under its exclusive control.

8) Export of cultural goods

Exporting from France or importing to another country may be subject to obtaining one or more authorization (s) from the authorities.

An authorization to leave the European Union is necessary for the export outside the European Union of cultural goods subject to European Union regulations on the export of cultural heritage (EEC n ° 3911/92).

An export certificate for cultural property is required to move certain cultural property out of France whose value is greater than or equal to the applicable limit set by the Direction des Musées de France.

Unless they have been obtained by APPLICAT-PRAZAN before the sale or are not required, Art4you SAS can assist the buyer in obtaining these authorizations without however being able to be held responsible for any refusal or delay in issuance.

9) Fight against money laundering and terrorist financing

Art4you SAS is, as an Art dealer, subject to ordinance number 2016-1635 of December 1, 2016 which transposes the 4th directive on the prevention of the use of the financial system for the purposes of money laundering or financing. terrorism.

In this context, Art4yoySAS may be required to ask the buyer for personal information, in particular identification, in order to comply with its obligations in this area.

10) Privacy policy for personal data

Art4you SAS collects and uses personal data, that is to say any information relating to an identified or identifiable natural person.

The personal data thus held are those communicated by the buyer.

These data are collected exclusively for the purposes of:

• compliance with the regulations in force (fight against money laundering, billing monitoring, etc.);

• allow the execution of the contract (guarantee of payment, taxation, delivery address, etc.);

• information on Art4you SAS activities and invitation to events organized by it.

As such, this data is collected and processed in accordance with the provisions of article 6 a), b), c) and f) of the General Data Protection Regulation (RGPD - EU Regulation 2016/679).

You have the right to access, rectify, port and delete your data, or limit processing. You can also, for legitimate reasons, oppose the processing of data concerning you.

For this purpose, subject to the production of a valid proof of identity, you can exercise your rights by contacting us by email at 4you@art4you.fr or by letter at Art4you 142 rue de Rivoli Paris 75001France.

For any additional information or complaint, you can contact the National Commission for Computing and Liberties (www.cnil.fr).

Our complete privacy policy for personal data is available on our website: art4you@art4you.fr.

11) Amicable settlement of disputes

In accordance with the provisions defined in article L.612-1 et seq. Of the Consumer Code, a consumer mediation system is available to any consumer purchaser at the Paris Mediation and Arbitration Center (CMAP) that he can enter as follows, specifying the subject and attaching the relevant documents:

• By post to: Paris Mediation and Arbitration Center (CMAP), Consumer Mediation Service, 39 avenue Franklin D. Roosevelt, 75008 Paris, France;

• by e-mail to: Consommation@cmap.fr

• via the online form available at: cmap.fr

12 applicable law and competent jurisdiction

These general conditions of sale are governed by French law.

Any dispute resulting from the formation, interpretation or execution of these general conditions of sale, the sale and any additional service provided in the context of the sale will fall under the exclusive jurisdiction of the courts within the jurisdiction of the Court. appeal from Paris, notwithstanding multiple defendants or call in guarantee.