GENERAL TERMS OF SALE AND USE

GENERAL CONDITIONS OF USE AND SALE – ARTFINDING.COM


The present Conditions of General Use and Sale can be translated into different languages, with the French version being the original and thus single legal version.


1. Preamble

ARTFINDING is a limited liability company with a capital of ten thousand euros (10 000EU), incorporated in the Registre du Commerce et des Sociétés, under the number RCS #493 442 693, R.C.S. PARIS, with its head office at 22 rue Fabert, 75007 PARIS – FRANCE.

ARTFINDING publishes and operates www.artfinding.com (hereinafter referred to as “Site”), a site dedicated to connecting professional vendors (hereinafter referred to as “Vendors”) and purchasers (hereinafter referred to as “Purchasers”) of graphic arts works, furniture, objects of art, furnishings and collector’s items. “Purchasers” and “Vendors” can also be commonly labeled as “Users.”

ARTFINDING proposes a service that connects buyers and sellers by means of the Internet.

ARTFINDING also proposes a service of advertising.

ARTFINDING allows Vendors to advertise sales on its virtual platform. This constitutes the sole document which links ARTFINDING to the User. In accessing the ARTFINDING site, regardless of web address and URL used, the User consents fully to all terms in this contract.


2. General Terms

All Users must submit to the following General Conditions of Site Use, which he/she acknowledges to have read and accepted without limitation or qualification.
The User declares and guarantees that he/she is at least 18 years old, and is capable of entering into legal transactions and has the capacity to purchase units which may be subject to consultation and query. In the case of violation of the stipulations presented in the General Conditions of Use and Sale, ARTFINDING reserves the right, without any indemnity or warning, to suspend or close the User account or to refuse future access to all or any part of the services proposed in the Site and to engage in any possible opposition actions.


3. User Declarations

The User declares that he/she is familiar with the Internet, its characteristics and limitations, and acknowledges in particular that:
• the transmission of data via the Internet is subject to relative technical reliability given that it circulates on heterogenous networks with diverse technical capacities and characteristics may sometimes become saturated at certain points of the day.
• certain specific networks may be subject to local agreements which place them under restricted access.
• users of a WEB site are liable to be traced anywhere in the world, and that the content of the Site may be reproduced, represented, or generally distributed without any geographic nor end-user limitation.
• data circulating on the Internet is not protected against eventual misuse and that any passwords, confidential codes, and any kind of sensitive information submitted by the Users is done under their own risk and peril.

ARTFINDING company reserves the right to limit the number and frequency of queries and consultation of the site, and any such reduction or limitation shall under no circumstances be considered grounds for any demand or occasion of prejudice on the part of the user.

Other prohibitions include all unusual queries conducted in a non-professional manner, any automated queries especially those monitored by a machine, software and hardware systems, and any queries based on algorithms, mathematical series or comparison, or another existing databank.


4. Declaration and Inscription by the Vendor

Each Vendor, physical or moral person, declares upon their honor to be a professional in the art market. Those concerned: gallery owners, artists, antiquarians, secondhand goods dealer, art dealer, and those whose principle activity is connect to art and the art market. By request from ARTFINDING, the Vendor engages to produce all prescribed documents in their legal form in vigor with the applicable country which can attest to the professional statute within the art market.

Each Vendor gives up all recourse in accepting the statute of New Vendor among the Vendors on ARTFINDING.

THE SALE PLATFORM IS ONLY AVAILABLE BY INVITATION OF ONE OF THE EXHIBITORS OR THE ARTFINDING TEAM. IT IS STRICTLY RESERVED TO ART MARKET PROFESSIONNALS: ANTIQUE DEALERS OR ART GALLERISTS. Any exhibitor who cannot prove himself/herself will therefore be denied access.

ARTFINDING does not guarantee the solvency nor honesty of the Purchaser nor the Vendor by means of the Site.

Each User wishing to become a Vendor must:
• communicate to ARTFINDING all applicable information and personal data. The Vendor accepts that all submitted information may be distributed to third parties from the Site.
• furnish exact and complete information and must transmit, in the case of any modification, all further information to ARTFINDING in order to update the personal data.

Each registered Vendor becomes the bearer of a personal account linked to a password, and each account will be accessible by password.

Registered Vendors agree and accept to not divulge their account number, password nor pseudonym. Vendors are responsible for any third-parties who use their account, even without their knowledge. The User agrees not to create any other accounts than the first allotted account, whether it is under his/her own identity or that of a third party. All exemption of this rule is subject will be subject to a specific request on the part of the User and written authorization from ARTFINDING. Creating or using new accounts under their own identity or that of a third party without the express written permission of ARTFINDING may invoke immediate suspension without warning of the User’s accounts and all associated services.

In case of fraudulent use of their account, their pseudonym or password, the User is responsible for informing ARTFINDING as soon as possible.

Vendors authorize ARTFINDING to make any changes that seems necessary for the homogeneity of the website by intervening on the criteria of technical data of the items. This applies exclusively to: category / main material/ secondary material / technique/ number of objects / color.


5. Specific Obligations of the Vendor

Vendors certify to be professionals in the art market. Vendors certify the condition of the goods announced on the Site, as well their sourcing by non-fraudulent means. Within these terms, ARTFINDING cannot be held liable for the transport of movable objects, nor complicity in its concealment.

The product distributed must correspond exactly with the advertisement mentioned on the Site. By default, ARTFINDING reserves all rights not to accept the proposed product.

The Vendor agrees to describe the product within the framework of the offer according to the listed criteria of ARTFINDING. All fields marked with a * must be filled. The Vendor is solely responsible for the contents of his advertisement. The Vendor is solely responsible for all comments which detail the description of the product which he/she proposed to sell within the given rubric of the Site. The Vendor certifies ARTFINDING all complaints related to the content and comments associated with the advertisement. The Vendor agrees to certify and conduct all validations and verifications of the product on sale, and to affect any necessary precisions to the description. The elements of the offer must remain consistent with the product and must not misdirect the Buyer.

Artfinding's image depends on the quality of the exhibitors as well as their product. Vendors need to post online art works and pictures reaching the finest standards. The Artfinding team reserves the right to delete ads if they don't reach our quality standards.

Each advertisement may be archived and may be distributed, ceded or sold along with all its elements, even if the advertisement is retracted from the Site by the Vendor.


6. Intellectual Property and Industrial Rights

The Users of the Site are forbidden to download, reproduce, alter, modify and/or print brands, logos, texts, images, sounds, photographs, graphics, programs or more generally all information present on the Site liable to protected under Intellectual and/or Industrial Property Rights or for any means other than those strictly personal and private. All fraudulent use of works thus protected and presented on the Site may be subject to personal liability charges against the User with regard from the holder(s) of the rights.

ARTFINDING retains the sole and exclusive ownership of all programs, services, procedures, concepts, non-commercial marketed programs, technological elements, and all the services proposed by the company. All non-authorized use is forbidden.

In particular, all use or citation of data derived from the Site, if it is distributed to the public, will be subject to the moral rights of the ARTFINDING company and must carry the mention “source: ARTFINDING.”

Emails containing confidential information are covered by professional confidentiality. If the recipient is not the designated recipient, ARTFINDING graciously implores immediate warning, return or destruction of the message, without the making of any specified use of its contents, nor its communication and distribution, nor the making of any copies, electronic or otherwise. Security of electronic messages cannot be assured. These messages may be intercepted, modified, altered, destroyed, lost, arrive in an untimely manner, be partial or contain viruses. The sender will not be held responsible for errors or omissions resulting from and contained in an electronic message. If the designated recipient wishes to verify the authenticity of a message and its attachments, it may solicit a paper copy (subject to a fee from ARTFINDING) from ARTFINDING’s services.


7. Information Contents

All accessible information on the Site is unmodified by the Site-owners and is given in entirety.
For this reason, ARTFINDING does not deliver any explicit or implicit guarantees, nor assumes any responsibility, with regard to the information relative to Users reproduced on the Site.

Users are solely responsible for the use of information distributed on the Site. ARTFINDING cannot be held responsible in case of incomplete, inexact, erroneous and obsolete information. As well, Users are forbidden to distribute on their Site any images, data, information, or hypertext links which are pornographic, pedophilic, racist, or in any other way morally reprehensible and illegal. ARTFINDING will not be held responsible for the distribution of such content on the Site originating from a User. Each User who violates this condition will be subject to damages and interest at a sum not inferior to four thousand five hundred Euros (4500€), not including any other damages incurred by judgment in civil or penal proceedings to the benefit of ARTFINDING.

From its end, ARTFINDING does not control the content of sites linked by hypertext from the Site. Only Users are responsible for their use.

ARTFINDING presents its platform in ten (10) languages and cannot be held responsible for errors in translation. All users are encouraged to bring such errors to the attention of ARTFINDING.

The User thus gives up all rights to complain or bring legal action against ARTFINDING for damages based on contractual responsibility errors, criminal liability, or any other causes. ARTFINDING cannot be held responsible in the case of a lapse in these contractual obligations due to acts of God or situations of extreme necessity: catastrophes, strikes, fires, floods, breakdown or failure in materials, failure in transport and communication, or from personal dealings.


8. Confidentiality

In order for each User to profit from its services, ARTFINDING may collect information relative on the operating system and connection of each user (browser, operating system, IP address and Internet domain), as well as personal information which may permit the identification of Users and aid in the provisioning of online services or purchases (personal information: marital status, email, telephone and fax number, corporate identification, registration number from the Registre du Commerce et des Sociétés for companies, address)

Users may at any moment access their account by password to consult or modify their information.

ARTFINDING expressly agrees to use collected personal information from Users in strict compliance with the security regulations outlined above.

ARTFINDING may distribute the above information to its partners, suppliers, affiliates and beneficiaries.


9. Personal Information Protection

ARTFINDING has installed security systems in ordered to avoid, to its best ability, the seizure, theft, modification, alteration and loss of collected personal information, as well as a system to protect, to its ability, the database where this information is stored and limiting its access to only certified personnel.

ARTFINDING agrees to scrupulously respect the protection regulations related to the automated treatment of personal information, as described in law #78-17, January 6th 1978, listed under “Informatique et Libertés.”

Each Vendor retains the right, at any moment, to access, to rectify, to modify and/or suppress personal information pertaining to them.

Broadly, access rights are exercised by the applying the necessary corrections to the Vendor’s account on the Site via his/her personal account. This right can be applied by simple request made to ARTFINDING’s head office by registered letter.


10. Advertising, Subscriptions and Payment

The price is fixed in Euros (€) and is listed with all taxes included.

Vendors can get the GOLD PACK. THE GOLD PACK IS AN ADDITIONAL SERVICE OF THE DEFAULT OFFER WITH CHARGE FOR ADMISSION AND LASTS ONE YEAR (365 DAYS). ARTFINDING company reserves the right to suspend or cancel without warning any client subscription if online payment, or any payment, is rejected, without prejudice on this basis to invoice the customer the expenses incurred from these failures of payment.


All advertising accepted by ARTFINDING is subject to all terms and conditions contained in this and subsequent rate cards and any insertion orders issued by The New York Sun, and by submitting advertising to ARTFINDING you agree to be bound by all such terms and conditions ARTFINDING will not be bound by any conditions, disclaimers, or other terms, written or otherwise, appearing on any insertion order or contract of advertisers and/or agencies.

ARTFINDING shall in no event be liable for failure to publish advertising specified by the advertiser and shall in no case be liable for any consequential incidental, indirect, or punitive damages.

ARTFINDING reserves the right to decline advertising copy and to cease further publication of any advertising at any time, for any reason. Placement of advertising is at The New York Sun’s discretion. It is understood that in consideration of the publication of advertising, the advertiser and advertising agency will hold harmless and fully indemnify The New York Sun from and against any and all claims, demands, suits, and actions related to the publication of any advertisement.

The contract Advertisers and/or agencies agree to pay for advertising space as stipulated in the advertising agreement.

PROCEDURE:
-the Announcer E-mails ARTFINDI9NG the ad, the dates of publication and the link of the image. After confirmation by the ARTFINDING team. The ad needs to be at the right format and size.
-the Announcer proceeds to the online payment by selecting an ad within the chart and proceed to the payment.
-the ad will be online once the payment collected

ARTFINDING reserves the right to modify prices at any moment, but agrees to apply only the prices indicated at the time of your order.

ARTFINDING is not responsible for any difference which might be incurred between the estimated total amount of your order and the price listed in billing and the amount listed on the invoice dependant on variations in the exchange rate or bank commissions.

Payment must be made in Euros (€). The payment is due immediately once the order has been made. Payment may be made by bankcard or bank cheque. All cards hailing from banks not based in France must be international bankcards.

For all payment by cheque, cheques must be made to the order of ARTFINDING and sent to the following address:

ARTFINDING
22, rue Fabert
75007 Paris
FRANCE


11. Date when contract comes into effect

The present contract comes into effect at the creation of an Vendor account and it remains in effect just until the account is closed.
For the GOLD PACK, it remains in effect one year (365 days).
For the advertising service, it remains in effect just until the ads are deleted from the Site.

ARTFINDING company reserves the right to modify the present contract at any moment by transmitting these modifications online and is therefore rests upon the client to regularly take note of any information intended for online Users.

If the client continues to use the Site ARTFINDING after the installation of these modifications, it will be assumed that they have accepted the present contract bearing these modifications.

If the client disagrees with these modifications, it must inform ARTFINDING within a thirty (30) day limit as from the transmission of these modifications. In the event that these present conditions are not respected, ARTFINDING reserves all rights to cancel the present contract without warning, without reimbursement of the registration fee, nor any allowances.

ARTFINDING reserves the right to delete the account of a seller at any time without notice and/ or without justification.


12. Applicable Law and Attribution of Competence

The present Site General Conditions of Use are subject to all provisions under the French Law.

In the event of litigation related to conditions of interpretation and/or the execution of the present General Conditions of Use and Sale, it will be expressly attributed to jurisdiction by court within the territorial jurisdiction of ARTFINDING in Paris.



13 February, 2008 in Paris.