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USER CONTRACT ARTPRICE.COM
ARTPRICE.COM is an Internet service provided by the ARTPRICE company and made available under the terms and conditions of this user contract. This document alone and no other constitutes a relationship as user with the company ARTPRICE. By accessing the ARTPRICE.COM site, whatever the Internet address or URL used, and/or buying response units you accept to be bound by all the terms of this user contract.
ARTPRICE.COM reserves the right to refuse a client's registration with which it has in the past had difficulty with the payment of bills.
The ARTPRICE company reserves the right to limit the number and frequency of queries and consultations effected on its site and any such reduction or limitation shall under no circumstances be considered grounds for any demand or occasion of any prejudice to the user.
ARTICLE 3: USER DECLARATION
Using the username and password sent by the ARTPRICE company to the user the user undertakes on his/her sole responsibility to carry out queries on the data banks of the ARTPRICE company. ARTPRICE shall attempt to satisfy such queries it being understood that it is only under an obligation of due care and diligence. All replies to queries will entail a debit to the user's units related to the nature of the query. The ARTPRICE company cannot be held responsible for the fraudulent use of the username and password of the user which are the only references that ARTPRICE is authorised to verify.
Such broadcast online constitutes a processing of the raw information and its incorporation in the base by manual processing. The ARTPRICE company offers no guarantee as to the absolute accuracy of the information concerned. It commits itself only to an obligation of due care and diligence as to the input of the information it collects.
All unauthorised use of its rights is forbidden. Specifically, the ARTPRICE company has authorship rights over its data bank which are protected under the terms of article L 112-3 of the French Intellectual Property Code (Code de la Propriété Intellectuelle) and these may never be used except for brief quotation as allowed for under the exception in article L 122-5 of the Intellectual Property Code. Specifically any use or quotation of data contained in the data bank broadcast to the public shall respect the rights of the ARTPRICE company and must be accompanied by the legend: 'source: ARTPRICE.COM'
The ARTPRICE company, while seeking to minimise these errors, nevertheless accepts no responsibility for the presence of any erroneous information on its data bank. By this contract the user renounces any claim or right to engage in litigation relative to any loss or injury caused by any such errors on the basis of contractual or criminal responsibility or on any other basis.
Each use or consultation of information contained in the data banks will occasion a deduction in the number of units according to the clearly indicated schedule of tariffs, the remaining credits in the client's account appearing on the member area of the website upon login and password. Unlimited access subscribers can access the databases depending on the subscribed option and must abide by the article 2 above. The ARTPRICE company reserves the right to suspend or cancel without prior warning the registration of the user if the online or deferred payment should cause a rejection of the payment without prejudice in this case to its right to bill the client for the costs related to such rejection.
The user is therefore forbidden to cede, transfer or sublicense his/her rights as a user to anyone whatsoever.
The ARTPRICE company reserves the right to modify this contract at any moment by broadcasting the modifications on line and it is the responsibility of the client to regularly inform him/herself of the information for users that shall be made available on line for this purpose. If the client continues to use the site ARTPRICE.COM after the online broadcast of any such modifications he/she shall be deemed to have accepted the present contract along with its modifications. If the client disagrees with any modifications, he/she shall inform the ARTPRICE company within a period of at most 30 days of their initial broadcast.
The client and the ARTPRICE company accept the competence of the courts of LYON to rule on any litigation relating to the termination or cancellation of this contract.
THE ARTPRICE.COM BOOKSHOP GENERAL SALES CONDITIONS Article 1: Application extent
The general sales conditions exclusively apply to the commercial relations that bind
We have the right to modify the present general sales conditions at any time provided that we notify the changes on the website. Article 2: Orders
We accept your order according to the present general sales conditions.
Article 3: Price Prices do not include shipping nor processing costs. We have the right to modify prices at any time but we commit ourselves to charge you the prices applying at the time you ordered.
Please note that the currency is the EUR (Euro) for all countries except for the United States and Canada which will be charged in USD (US dollar).
Article 4: Payment
Full price is to be paid upon confirmation of the order. You may pay by credit card, bank cheque or bank transfer. It is compulsory that all payments by cards which issuing entity is located outside France be international credit cards. Online payment is perfectly secured: it uses the SSL (Secure Socket Layer) protocol. The transmitted information is encrypted by a software and cannot be read while on the network.
Article 5: Delivery The items ordered will be delivered to the address given at the order, unless specific information is given. All risks shall pass on to the customer from the moment when the products are shipped out of the artprice premises. The delivery schedule is given as a rough guide. Article 6: Returns
We shall only refund books or CD-ROM returned within 7 (seven) days from the date of reception of the order.
At the end of the 7 (seven) days, the delivered items will be considered as in keeping with the order and accepted by the customer. Article 7: Property reserves The delivered items will remain artprice's property until all your obligations to us are met, especially until the full price is paid including interests if they apply. The present property reserve does not obstruct that the risks pass on to the customer the day the ordered products are shipped out of the artprice premises in accordance to the conditions described in article 5. Article 8: Responsibility
Our responsibility shall not apply to the content of sites to which the customer may be directed from our website via hypertext links.
Article 9: Privacy policy
The personal information relating to you is processed under strict privacy procedures, in accordance to the measures of our privacy policy.
Article 10: Applicable law and jurisdiction The present general conditions of sale are governed by French law. Any disputes relating to the commercial relations that bind artprice and the customer are exclusively governed by French law.
TERMS OF USE OF ARTPRICE ADS Article 1: Scope of application The general terms of sale apply exclusively to trade relations which exist between ARTPRICE, a Société Anonyme registered in France under RCS n° 411 309 198, located on the Domaine de la Source 69270 St Romain au Mont d'Or/France and you, an Artprice Ad customer. We may modify these terms of use at any time provided that we include these modifications on our Website. Article 2: Orders We accept your order in accordance with the conditions of these general terms of sale. By confirming your order, you accept the entirety of the general terms of sale made available to you on the site, as well as these terms of use, and acknowledge that you are fully aware of them. The following requests, among others, are prohibited: all requests which are not customary in the profession, all automatic requests including, in particular, those made by automaton, software, requesting and hardware systems depending on algorithms, program suites or through differential with another databank. Article 3: Prices We reserve the right to modify our prices at any time, but we undertake to apply the rates which were in force at the time of your order and which you were informed of. ARTPRICE is not responsible for any difference which may arise between the estimated total amount of your order and the amount invoiced, related exchange rate variations or to bank commissions. Article 4: Payment of Artprice Ads The price is immediately due and payable at the date of the order. Payment can be made by payment card, bank cheque, Paypal® or bank transfer. Cards issued by banks which are domiciled outside France must necessarily be international bank cards. On-line secure payment by bank card uses the Secure Socket Layer (SSL) protocol. Information which is transmitted is encrypted by a software program and cannot be read when transiting on the network. For payment by cheque, the cheque shall be made to ARTPRICE and sent to the address below: ARTPRICE Article 5: Artprice Ads An Artprice Ad can feature pieces of the following categories:
Artprice Ads describe works of art for sale or works of art sought by a buyer. They can include only texts and pictures which you provide us with. The content of your ad must not violate the rights of third parties relative to photographs, pictures and texts. We would draw your attention to the fact that you are fully responsible for any Artprice Ads that you publish.
The seller is solely responsible for the details listed. A seller's referencing of a Artprice Ad associated with an artist in a given discipline can in no case be interpreted as being a guarantee by Artprice as regards the authenticity or origin of the object which is sold. Any Artprice Ad which does not exclusively meet these criteria or which contravenes these terms of use may be removed from our site without prior notice. Artprice Ads: In addition, you are not entitled to run a Artprice Ad which would be contrary to law, public policy or public decency; which contravenes the rights or licences of third parties, copyright, industrial and/or intellectual property rights; or which would contravene these terms of use. Artprice reserves the right to remove any Artprice Ad which would be contrary to law, public policy or public decency, or which would contravene these terms of use. In the framework of a violation of these terms of use, your Artprice Ad which is removed is not refund and you are not entitled to make any claims or file for damages. Article 6: User license In order to enable us to make use of the information and other items (text, pictures, photographs) resulting from your Artprice Ad which you sent us, without violating rights which you may hold on this information, you grant us a transferable, non-exclusive license, free of charge, with no time or territorial limits, with the right to grant sublicenses, for the use, exploitation and disclosure of said information, for use in any existing or future media, while complying with our Confidentiality Charter. This license shall remain in force throughout the legal period of protection of your Personal Information. You agree not to use software programs or manual procedures in order to copy our Internet pages or to collect the information on these pages without our prior express consent in writing. You agree not to use any devices or software programs of any kind in order to disturb or try to disturb the proper operation of our site. You agree not to undertake any action which would impose a disproportionate load on our infrastructures. You agree not to copy, reproduce, alter, modify, create derived works or disclose all or part of the content of our site to the public without our prior express consent in writing or the consent of relevant third parties. Artprice may not be held liable should the content of the Artprice Ad or any part of the Artprice Ad be duplicated on Internet sites or any other current or future media without it being aware of this, without having received Artprice's written approval. Article: Compensation You agree to defend and compensate Artprice (including costs for legal proceedings) as well as the other companies in the Artprice group, the company managers, senior executives and employees against any requests or claims made by a third party, caused by or resulting from a violation by you of these General Terms and Conditions of Use or from a violation by you of any law or any right of these third parties. Article: Responsibility When a seller or a buyer runs a Artprice Ad on artprice.com, in no case this can be interpreted as a guarantee by Artprice with respect to the authenticity or origin of the work of art which is sold. Artprice, on the one hand, and you, on the other, are independent parties, with each one acting in its own name and on its own behalf. Thus, you exempt Artprice from all liability (as well as our subsidiaries and companies in the group, company managers, senior executives and employees) in case of dispute for any claims, and for all present or current damage resulting directly or indirectly from your Artprice Ad. These Artprice Ad terms of use do not create any tied link, mandate, jointly-owned company (Société en Participation), joint venture (Entreprise Commune), franchisor/franchisee or employer/employee relations between Artprice and yourselves. Our liability cannot be involved due on account of the content of sites towards which the hypertext links can be directed from our site. We undertake to provide all due care which is common practice in the profession in order to implement the service which is proposed to the customer. Nonetheless, our liability cannot be called into question in case of breach of our contractual obligations as a consequence of a fortuitous event or a force majeure event such as, without being limited to, disasters, acts of terrorism, sabotage, strikes, fire, flood, material failure or breakdown of means of transportation, means of communication, or on account of your actions. In addition, our liability shall not be involved in case of error in the presentation of products on our site, as the photographs, texts and illustrations representing the products are not contractual. Article: Protection of personal data All personal data pertaining to you is handled with the utmost confidentiality, in accordance with the provisions of our personal data protection policy. In application of Section 27 of Act 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, you have a right to access and correct data pertaining to you. To do this, you have only to access the 'MY ACCOUNT' heading on our site using your login id and your password. For any other questions relevant to the protection of your personal data, you can send us an E-mail via our contact page. By accepting these general terms of sale, you acknowledge that you have taken cognisance of our policy for protecting personal data and that you grant us the right to collect and use this data. Article: Applicable law and court of competent jurisdiction These general terms of sale are subject to French law. Disputes relative to trade relations which exist between Artprice and its customer are subject to the exclusive competence of French courts. Comment: for the time being, the items are not numbered; the order chosen is quite arbitrary, the order of presentation may be modified as required.
Terms and Conditions for the compilation and use of an Artpricing report.
Furthermore, images included in an Artpricing report are supplied only in the context of documentary research also for exclusively private use. This means that you must not use, reproduce, portray, distribute or commercially exploit the images supplied. Under no circumstances can Artprice be held liable if you use these images for the purposes of reproduction, distribution or commercial exploitation.
Reserves/Exemption from liability.
Under no circumstances can Artprice be held liable for late delivery of an Artpricing report.
Artprice cannot be held liable in the event of dispute of any kind or for any reason whatsoever, directly or indirectly linked to the Artpricing ordered.
This contract is governed by the laws of France. In the event of dispute concerning the interpretation of this document, only the version drafted in French shall be deemed authentic. Subject to contrary rules of territorial jurisdiction of a public nature, the customer and Artprice agree to accept the jurisdiction of the Lyon Court of Appeal to resolve any dispute pertaining to the order, the compilation and supply of the Artpricing report and more generally any matter arising from the provision of the service under the name of Artpricing. ADVERTISING ON ARTPRICE.COM - ARTPRICE INTELLIGENT LINKS® - TERMS AND CONDITIONS OF SALE Article 1: Scope of application The terms and conditions described in this document apply to the commercial relations between ARTPRICE.COM, a public limited company registered in France with the Commercial and Companies Register of Paris under number 411 309 198, having its head office at Domaine de la Source, 69270, St Romain au Mont d'Or, France, and you, the advertiser. ARTPRICE.COM reserves the right to modify these general conditions at any time. However, only the version of the general terms and conditions of sale applicable on the issue date of the request for reservation will apply to the advertisement placement contract. Article 2: Pre-requisite conditionAll Artprice Intelligent Links® featured on the ad pages, in the newsletter (in the section "Focus on") and on the artists' pages, are reserved to Artprice Store subscribers. Possession of an active Artprice Store is an obligatory pre-requisite for the insertion any advertising banner. Article 3: Request for reservationArtprice.com reserves the right to deny any advertising request that would be malicious to the company's interests. Article 4: Link insertion pagesHomepage
ARTPRICE.COM reserves the right to modify its prices at any time, but undertakes to apply the tariffs you were quoted at the time of your reservation request. For insertions in artist's pages, the tariffs depend on the group in which Artprice has classified the artist. Artistes are classified into 3 groups: A, B and C. Group A includes the most sought-after and well-known artists. On its website, Artprice publishes a list of the artists belonging to groups A and B; all the other artists referenced on Artprice.com are classified in group C. Artprice reserves the right to modify these lists at any time. Article 6: PaymentThe advertiser makes a spot reservation request. Artprice confirms the availability of the spot and issues a pro-forma quote. Artprice sends the client a purchase order as soon as the advertiser has accepted the quote. The advertising spot is not actually reserved until Artprice receives confirmation from the advertiser that the latter has accepted the quote. (Artprice cannot therefore guarantee that the spot will still be available by the time the quote has been formally accepted). The advertiser's advertisement is put on line once payment has been received. If payment has not been received within 7 days following dispatch of the purchase order, Artprice reserves the right to cancel the reservation of the spot requested. Payment can be made by direct debit or credit card, cheque or money transfer. Credit or debit cards issued by non-French banks must be international bank cards. Secure online payment by credit/debit card uses the protocol known as SSL (Secure Socket Layer). The information transmitted in encrypted by a special programme that makes it impossible to read during its transmission on the network. Cheques should be made out to ARTPRICE.COM and sent to the address below: ARTPRICE.COMDomaine de la Source. BP 69 F-69270 Saint-Romain au Mont d'Or France Atprice.com reserves the rights to cancel and delete any advertising banner that may be malicious to the company's interests. Article 7: Non-renewal Artprice Intelligent links® are inserted for the period paid and are not renewed by tacit renewal. The client's reservation of advertising space for "Artprice Intelligent Links" does not give the client any form of priority or property rights regarding the said advertising space in the context of the execution, renewal, expiration or termination of commercial relations between the parties. GENERAL TERMS AND CONDITIONS OF SALE AND USE OF ARTPRICE IMAGES® The Artprice Images data bank allows you to see works reproduced in sales catalogues, and consult online copies of sales catalogues in the library belonging to the documentary holdings owned by ARTPRICE. Artprice Images is an optional subscription reserved to Artprice subscribers who have an annual or one day access subscription to the Artprice data bank which is still valid on the day they apply. Scope of service:
The Artprice Images optional service covers sales catalogues for 1995 - 2008 and upcoming auctions (The Starter subscription including the Artprice Images option does not provide an access to the upcoming auctions). This partial coverage is being extended further back every month as more sales catalogues from the Artprice library are processed. Certain works are, however, unavailable for online viewing either because they are not reproduced in the sales catalogue or not yet the object of an agreement with the artist, his/her beneficiaries or the company managing the artist’s rights.
The definition and resolution of the reproduced work depend on the number of reproduced works on the catalogue page which will have a maximum display size of 1024 by 768 pixels, in portrait or landscape format. Protection of date and images:The user undertakes by subscribing to this service not to reproduce, store or change the reproductions of works viewed using whatever medium and to whatever end. Comments and notes written by Artprice’s art historians in the sales catalogues are protected by copyright under the Law of 11 March 1957 which is reproduced in the Intellectual Property Code. Similarly, the Artprice Images data bank, its structure and its ergonomics are the property of Artprice and in this capacity are protected by French regulations. In the case of non-respect of reproduction rights, the user will be liable to litigation initiated by the artists, beneficiaries or entities mandated to manage copyright. Artprice reserves the right to prosecute any violator of rights applying to the protection of its data and image banks. This site complies with copyright. All the copyright of protected works reproduced and communicated on this site is reserved. Except where authorised, any use of works other than for reproduction and private and individual consultation is forbidden. If you wish to publish or distribute images, you must first obtain the agreement of the ADAGP or one of its representatives abroad and pay the corresponding copyright fee: ADAGP11, rue Berryer PARIS Tel : (33) 1.43.59.09.79 Fax : (33) 1.45.63.44.89 E-mail : adagp@adagp.fr The present terms and conditions of sale and use of the Artprice Images service are subject to French law. The client and ARTPRICE shall accept the sole jurisdiction of the courts of LYONS to rule on all litigation relating to Artprice Images. |