Terms and Conditions
Clause 1. Recitals
1. ArtViatic organises sales of works of art exclusively reserved for its subscribers, and acts as an intermediary between buyers and sellers. ArtViatic is an on-line broker and the services it offers do not include on-line auctions.
2. Users may only access the services offered on the website provided they have accepted these general terms and conditions of subscription and the general terms and conditions of use of the ArtViatic website.
3. Users acknowledge that they must comply with all the provisions contained in this document and in the general terms and conditions of use of the website when accessing and using their private account area.
4. The user represents that he/she has read and unreservedly accept these general terms and conditions of subscription.
Clause 2. Definitions
- "Subscriber": a user who has a private account area.
- "Buyer": an ArtViatic Premium subscriber who wishes to purchase a work of art.
- "User": any person entering the ArtViatic website.
- "Private account area": area of the website that can only be entered by users who have subscribed services offered by ArtViatic. The Private account area is a reserved and confidential area.
- "Seller": owner of a work of art or authorised representative of the owner of a work of art who is an ArtViatic Premium subscriber or an ArtViatic First Access subscriber.
Clause 3. Purpose
5. The purpose of this document is to define the terms and conditions governing access and use of the private account area on the ArtViatic website.
Clause 4. Documents
6. Subscribers are bound by the following contractual documents:
- the general terms and conditions of use
- these general terms and conditions of access to the private account area on the ArtViatic website.
Clause 5. Enforceability
7. The subscriber will be bound by these general terms and conditions with effect from his/her acceptance of them at the time of subscription to the ArtViatic services.
8. In any event, the general terms and conditions will be deemed to have been read and to be fully applicable from the date the subscriber first enters the private account area.
9. ArtViatic reserves the right to modify these general terms and conditions of access to the private account area whenever it considers this to be necessary or appropriate.
10. These terms and conditions will remain binding during such time as the subscriber uses the private account area, and until any new general terms and conditions of access replace this version.
11. The subscriber will be deemed to have accepted the new general terms and conditions from the date he/she first enters the private account area after they have been modified.
12. The general terms and conditions available on the website take precedence over any earlier printed versions.
13. The subscriber may decide at any time to cease using the on-line services and his/her private account area, in which case the subscriber will nevertheless remain liable for all previous use.
Clause 6. Description of the website
6.1. General description of the services
14. ArtViatic is a platform for private sales of works of art.
15. The ArtViatic website is not an auction platform and does not receive instructions to act on behalf of sellers of works of art.
16. Contracts of sale are entered into directly between the buyer and the seller. The ArtViatic website only acts as an intermediary, for which it receives a commission based on the sale price.
17. The site acts as an intermediary by putting users in contact with each other in order to facilitate sales, while ensuring optimum confidentiality and transparency and the best prices. Sellers are free to sell their works of art to the buyer of their choice. ArtViatic is an on-line brokerage platform, which means that there is no auctioneer and items are not automatically awarded to bidders.
18. ArtViatic offers its users two different subscription packages: ArtViatic Premium and ArtViatic First Access, which give access to a catalogue of works of art with an estimated unit value of €150,000 or more, including paintings, sculptures and documents.
19. Users must select one of the packages at the time of subscription.
20. Any seller wishing to sell an item must supply the information described under the heading "Selection and wording of advertisements". ArtViatic may refuse a work of art if it has any suspicions concerning its authenticity in view of the information supplied by the seller.
21. ArtViatic does not provide any warranty as to the authenticity or provenance of any of the works of art offered for sale on its website. It is the buyer's responsibility to arrange to be assisted by any specialist of his/her choice, and also to ask the seller to provide any documents necessary to establish the authenticity of the work.
6.2. Private account registration
22. ArtViatic will provide the user with a private account at the time of subscription.
23. Depending on the subscription package selected, the private account area can be used to:
- view the ArtViatic on-line catalogue;
- define search criteria based on the user's areas of interest, so that he/she is notified of any new works of art matching the criteria;
- use the ArtiViatic secure direct negotiation platform to contact other buyers and sellers and negotiate sales;
- manage the user's works of art, put works up for sale, or hold them in reserve;
- offer works for sale on-line;
- buy and sell works of art on the website.
24. In order to be able to access their private account area and make use of the services offered by ArtViatic, users must first register with ArtViatic by completing the registration form provided for that purpose. The registration form contains information about the user and about his/her authorised representative, if applicable. All information supplied must be accurate, complete and promptly updated.
25. The e-mail address given in the registration form will be deemed to be the user's personal address, which ArtViatic will use for all its messages. Users must ensure their e-mail addresses are valid and kept up-to-date.
26. On registration, sellers and buyers will be given a username and password. Sellers and buyers will only be able to access their private account area by logging in with the username and password with 8 free characters maximum. However, a user can register a work of art on-line directly when he/she first subscribes to the ArtViatic First Access service, in which case the user will receive his/her username and password when ArtViatic accepts the work of art. ArtViatic is entitled to refuse to register any work of art submitted by a user.
27. Usernames and passwords are strictly personal and confidential. Sellers and buyers agree not to disclose them to any third party or to transfer them. Whenever the private account area is accessed using a username and password, it will be assumed that the user is their owner or his/her authorised representative, and is also the holder of the private account. Users must immediately inform ArtViatic in writing whenever their username and password are used without their authorisation. ArtViatic will deactivate the username and password and give their owner or his/her authorised representative a new username and password.
28. On completion of the registration procedure, ArtViatic will immediately send the user a message concerning the registration request entitled "Confirmation of your registration request". Registration requests for the ArtViatic Premium service will be processed automatically by ArtViatic, and requests for the ArtViatic First Access service will be processed within seven working days.
29. After validation of the registration request, ArtViatic will inform the user that the registration request has been accepted by sending a message entitled "Your registration has been processed” which will contain the user's username and password. On receipt of this message the user will be able to access his/her private account area by logging onto the website using his/her username and password.
30. During the registration procedure and before he/she pays for the service or subscription, the user must tick the box and click on the link on the registration form to confirm that he/she has read and agrees with these terms and conditions. This will signify that the user:
- represents and acknowledges that he/she has read these terms and conditions in full;
- accepts the terms and conditions;
- undertakes not to rely, in any respect whatsoever, at any time whatsoever and in any form whatsoever, on any provisions that contradict or depart from these terms and conditions or any provisions that are not expressly stipulated in these terms and conditions.
31. Use of the private account area is personal. The user accordingly undertakes not to assign, transfer, or sublicense his/her rights as the user to any person whomsoever.
6.3. Core services common to the ArtViatic First Access subscription and the ArtViatic Premium subscription
32. Users will be entitled to receive the services described below, under the terms and conditions of use set forth below, irrespective of the ArtViatic subscription option they have chosen.
6.3.1. Selection and wording of advertisements
33. Only works of art with an estimated value in excess of €150,000 can be offered for sale on ArtViatic.
34. Advertisements drafted by the sellers and displayed on the ArtViatic website will describe the works and items available for sale. They can only contain text and images supplied by the seller. The content of the advertisement must not infringe any third party's rights in respect of any photographs, images or text. ArtViatic reserves the right to request proof of ownership of the item being advertised.
35. Advertisements must contain the following:
- a selection of high-definition photos;
- a detailed description of the work (artist's name, title of the work, date of the work, size, techniques used, signature);
- the name of the expert who signed the certificate provided with the work;
- references (exhibitions, bibliography, annotated catalogue, provenance, etc.);
- information on its condition (optional);
- the price for which the seller wishes to sell the work (set price or price range), in euros or in US dollars.
36. ArtViatic wishes to point out that all information contained in advertisements is published under the sole responsibility of the sellers. The fact that a seller places an advertisement cannot be interpreted as a warranty on the part of ArtViatic as to the authenticity or provenance of the work of art or items being sold.
37. Advertisements on ArtViatic:
- must not contain any viruses, worms or any other program designed to intrude into or harm computer systems, data or personal information;
- must not contain any direct or indirect hyperlinks to any other goods or services offered on the Internet;
- must contain a description of the work that is conform to the actual work.
38. No advertisements may be placed on ArtViatic that are in breach of the law or public policy or contrary to morality, that infringe any rights or licences, copyright or intellectual and/or industrial property rights of any third party, or that are in breach of these terms and conditions.
39. ArtViatic will check advertisements that have been registered by users, but will never contribute to or modify their wording.
40. Accordingly, ArtViatic will check a work's certificate of authenticity, although it does not accept any liability in connection with the estimated value and/or the documents attesting to ownership of the work.
- If the advertisement is conform it will be displayed on the ArtViatic website for a period of four months, unless the seller decides to hold it in reserve, which he may do under the Premium subscription service for a maximum period of eight months;
- if the advertisement is found not to be conform, ArtViatic may refuse to display it on the website;
- if ArtViatic has any concerns after verification, it reserves the right to ask the seller for further information about the work of art. The seller must include such additional documents and information in the advertisement.
41. ArtViatic is entitled to unilaterally decide whether the seller's advertisement is unclear or incomplete.
42. ArtViatic cannot be held liable in the event the certificate of authenticity for the work of art is refused, or additional information is requested.
43. In any event, ArtViatic reserves the right to refuse to display and/or to remove from the website any advertisement and/or any item whatsoever that is in breach of the law or public policy, that is contrary to morality or that is in breach of these terms and conditions.
44. In the event of a breach of the general terms and conditions of use and/or these general terms and conditions, the relevant advertisement will be removed in accordance with the foregoing. The seller will not be entitled to any refund or to claim any compensation from ArtViatic.
45. In the event ArtViatic has any concerns in relation to an advertisement displayed on the website, particularly concerning the provenance of a work of art offered for sale, it will report its suspicions to Monaco's financial crime investigation service, SICCFIN, which it is required to do by law.
6.3.2. Contacts between subscribers and the selling process
46. ArtViatic reiterates that relations between sellers and buyers must be conducted in good faith. Sellers and buyers are prohibited from using the ArtViatic platform in order to build up a personal list of potential clients or sellers.
47. Any improper conduct should be reported to ArtViatic using the "Report a problem" tab on the website.
48. In the event of any suspicious or improper behaviour on the part of any seller or buyer, ArtViatic reserves the right to close the subscriber's private account.
49. Closure of a private account will not entitle the subscriber to a refund, and neither the seller nor the buyer will be entitled to claim any compensation from ArtViatic.
50. Any buyer wishing to enter into contact with the seller of a work of art should proceed as follows:
- consult the catalogue of works of art and the information sheet for the work;
- use the direct negotiation platform to contact the seller or sellers and start negotiations.
51. Once a buyer has contacted the seller he/she may either accept the proposed price or submit an offer in line with the set price or the price range given. This information will then be sent to the seller.
- If the seller has stipulated a set price, he/she will either accept the offer or make a counter-offer;
- if the seller has indicated a price range, he/she will state a price, accept the offer or make a counter-offer.
52. If the buyer and the seller agree on a price following negotiations using the direct negotiation platform, the buyer will send his/her name and contact details to the seller. At this stage in the negotiation process the sale is not final, and the seller may still negotiate with other potential buyers.
53. Different situations may arise during negotiations:
- the buyer does not wish to inspect the work of art and purchases it directly, if the seller is willing to sell it; or
- the seller does not wish to sell the work to the buyer and thus brings an end to negotiations; or
- the buyer and the seller agree to a preview, in which case they may contact one of ArtViatic's partners to arrange for transportation and storage of the work of art. One of two situations may arise after the preview:
• the buyer and the seller cannot agree on a firm and final price, or the buyer is no longer interested in purchasing a work of art, bringing an end to the negotiations in both cases; or
• the buyer and the seller finalise the sale by agreeing on a firm and final price for the work of art.
54. When the sale is confirmed, the buyer and the seller can select one of two payment methods: a private transaction or payment via an escrow account in accordance with the terms and conditions set out under the heading "Financial Terms and Conditions". Only the seller can declare a sale via the escrow account.
55. After completion of the sale, ArtViatic must be informed of the sale and purchase by the parties and of the final sale price.
56. The seller must then change the status of his/her work of art to indicate that it has been "sold". The seller must also inform ArtViatic of the final sale price and the buyer's identity.
57. If the buyer has not paid the work of art in full 12 days after confirmation of the sale to ArtViatic, the seller shall be free to put it up for sale again or to sell it to another interested buyer selected by the seller.
58. Whenever a work of art is sold, the buyer and the seller must pay a commission to ArtViatic in accordance with the "Financial Terms and Conditions".
59. After ArtViatic has received confirmation of the sale it will draw up a sale invoice in the name of the seller and the buyer, stating the amount of its commission, which will correspond to 3% of the sale price negotiated on the on-line brokerage platform.
60. After receiving the work of art, the buyer shall download a Goods Received Note from his/her private account and complete, date, sign and return it to ArtViatic by fax at +377 (0) 97978867 within 7 days to confirm safe receipt of the work of art. The sending of the delivery note by the buyer is one of the elements for the finalisation of the sale.
61. In the event the seller refuses to release the work of art or lot or is unable to honour its commitments after the buyer has validated the purchase of the work of art, the seller will be required to reimburse the costs of the sale of the work of art and to pay the commission, notwithstanding any additional damages that may be claimed.
62. As an intermediary between the seller and the purchaser, ArtViatic will not be bound by any warranty concerning works of art sold.
6.3.3. Transportation and delivery of works of art
63. ArtViatic's partners can be contacted to arrange the transportation and/or storage of a work of art in view of a preview and/or its delivery, so that the buyer can see the work and/or take delivery of it.
64. Under no circumstances can ArtViatic accept liability for destruction, damage, loss or theft of a work during transportation or any default on the part of the carrier and/or the storage company.
6.3.4. Validation of subscriptions
65. The website allows users to register with ArtViatic and subscribe for one of two types of services, giving access to a catalogue of works of art with an estimated unit value of €150,000 or more.
66. After the user has selected the appropriate subscription service and read the general terms and conditions that apply to this service, he/she must fill in the on-line registration form, disclosing his/her identity.
67. By subscribing to the service, the user represents that he/she has proper legal capacity to commit himself/herself contractually.
68. The user will select one of the two subscription services when his/her account is opened.
69. By validating his/her application to subscribe to ArtViatic’s services when the account is created, the user confirms that he/she fully and unreservedly accepts these general terms and conditions.
70. Access to the private account area will only become definitive after receipt and validation of the corresponding payment in full. A confirmation e-mail will be sent to the user after full payment has been received, stating the exact amount invoiced.
71. ArtViatic reserves the right to suspend or terminate the service subscribed by the user, without prior notice, in the event the on-line payment of the subscription fee is subsequently rejected [by the bank], and retains the right to charge the client for any costs incurred in connection with therewith.
6.4. Premium subscription services
6.4.1. Description of the private account area for Premium subscribers
72. Access to the private account area is strictly personal and reserved for users who have purchased a Premium subscription on the ArtViatic website. By accessing this area the subscriber implicitly agrees to these terms and conditions.
73. The website offers buyers and sellers access to ArtViatic’s database of advertisements through a reserved and confidential private account area for a one-year period.
74. The ArtViatic Premium subscription allows subscribers to access the ArtViatic platform and their private account area for a one-year period.
- As a buyer, the subscriber will be entitled to access the ArtViatic on-line database or catalogue. In order to view the list of works of art available in the ArtViatic database, the buyer must first log on to his/her private account area using his/her username and password.
- The subscriber will also have unlimited use of the secure negotiation interface.
- Lastly, the subscriber may contact sellers of any works of art of interest.
- As a seller, the subscriber will be entitled to submit all works of art for sale and display it on-line for a four-month period, free of charge. The seller may display it for a longer period of time or may display more than one work of art, provided these have been approved by ArtViatic.
- The seller may also decide to hold a work of art in reserve as a "reserved work" on the ArtViatic website for a maximum period of eight months from the date of his subscription. During this period, the seller will select the day on which he wishes to offer the work for sale and display it on-line.
75. Buyers may not negotiate with more than three sellers at the same time.
76. The Premium subscription fee is stipulated under the heading "Financial Terms and Conditions" in this document.
6.4.2. Activation of the service - Validity
77. The ArtViatic Premium service is provided for one year with effect from the subscription date. It may be renewed by the user on expiry of the subscription.
78. Premium subscribers are entitled to submit all works of art for sale for a period of four months, free of charge.
79. The subscription will take effect on the date of creation of the subscriber's private account area.
6.4.3. Services included in the Premium subscription
80. It is reiterated that the Premium subscription services include all the services offered by ArtViatic in its First Access package, namely:
- the right to submit a work of art;
- the right to enter into contact with potential purchasers in order to negotiate a sale.
6.5. ArtViatic First Access subscription services
6.5.1. Description of the private account area for ArtViatic First Access subscribers
81. The ArtViatic First Access service offers subscribers a personal account area through which they can offer a work of art for sale and manage their offer over a four-month period.
- This service allows the user to register a work of art free of charge in the ArtViatic on-line catalogue for a four-month period.
- The user may subsequently submit other works of art. If a work is accepted a €500 fee, inclusive of VAT, will be charged. The fee will not be charged if the work is not accepted.
- The ArtViatic First Access service does not allow users to view the virtual catalogue of works of art.
82. However, the service does allow users to:
- use the ArtViatic secure negotiation interface;
- enter into contact with any purchasers who are interested in a work of art.
83. The ArtViatic First Access subscription fee is stipulated under the heading "Financial Terms and Conditions" in this document.
6.5.2. Activation of the service - Validity
84. The ArtViatic First Access service allows subscribers to offer a work of art for sale over a four-month period, effective from the subscription date.
85. The subscription will take effect on the date of creation of the subscriber's private account area.
Clause 7. Financial Terms and Conditions
7.1. ArtViatic Premium subscription fee
86. Users of the ArtViatic website can subscribe to the Premium service for a fee of €3,500, inclusive of VAT, which will entitle them to access the aforementioned services for a one-year period.
87. As a seller, the subscriber will be entitled to submit all works of art for sale and display it on-line in the ArtViatic catalogue for a four-month period, free of charge, with effect from the subscription date.
88. The subscription fee is payable at the time of the website subscription, and no later than 45 days after subscription to the service.
7.2. ArtViatic First Access subscription fee
89. Users of the ArtViatic website can subscribe to the First Access service, which allows sellers to register one work of art free of charge, then for each additional work, the subscriber will be charged a fee of €500, inclusive of VAT, for each work of art, provided it has been approved by ArtViatic. No fee will be charged if the work is not approved by ArtViatic. The service does not give them access to ArtViatic’s database of advertisements.
90. Subscribers to the service may access their private account area in order to offer a work of art for sale and manage their offer for a period of four months.
91. The subscription fee is payable at the time of the website subscription and no later than 45 days after the subscription date. Commissions are payable when sales are completed.
7.3. Commissions on items sold and purchased
92. The subscriber must pay ArtViatic commission, based on the price of the work of art as negotiated on the on-line brokerage platform between the buyer and the seller. The commission is therefore based on the price negotiated on the ArtViatic website, which is not necessarily the final sale price that may subsequently be agreed between the buyer and the seller.
93. ArtViatic's commission on sales is 3% of the total sale price.
94. ArtViatic's commission on purchases is 3% of the total sale price.
7.4. Terms of payment
7.4.1. Terms of payment for subscription packages and other services
95. You may pay any sums you owe to ArtViatic in connection with subscriptions by bank card, cheque or transfer.
96. Cards issued by banks located outside of France must be international bank cards. The secure on-line bank card payment system uses the SSL (Secure Socket Layer) protocol. This means all data sent is encrypted and cannot be read during transmission.
97. Please make cheques to the order of ArtViatic and send them to the following address:
Le Roc Azur
29 boulevard d’Italie
98. For payments by bank transfer, the amount should be transferred directly to ArtViatic's bank account:
Name of the bank : Société Général
Bank Code: 30003
Branch / sort code: 01504
Account number: 00020112383
IBAN: MC 58 3000 3015 0400 0201 1238 342
Swift / Bic: SOGEMCM1
99. All prices displayed on the website at the time you place an order are stated in Euro for all countries.
100. ArtViatic is not liable for any differences between the estimated total amount of your order and the amount actually invoiced that are due to variations in exchange rates or bank commission.
7.4.2. Payment procedure for works of art
101. All sums owed in connection with the purchase of works of art can be paid by bank transfer to the seller's bank account.
102. In order to guarantee maximum security, sums paid in connection with the sale of works of art may transit via an escrow account.
103. If you choose to use an escrow account, you may designate ArtViatic as your escrow agent
7.5. Late payment
104. In the event of any late payment of sums owed to ArtViatic by a user, ArtViatic will be entitled to charge interest on the outstanding amounts calculated on a daily basis at 1.5 times the current official interest rate, provided it has first sent a formal demand for payment by recorded delivery (signed for).
105. In the event of any late payment, ArtViatic may immediately suspend all the rights of the subscribers and site users, including access to private account areas. Subscribers will still owe Artviatic the full subscription fee up to expiry of the agreement. Subscribers will also be required to pay the fee corresponding to each work of art offered for sale.
7.6. Payment of resale royalties
106. The author of any graphic or artistic work of art has an inalienable and non-assignable entitlement to resale royalties, thus ensuring he/she benefits financially whenever the work of art is resold.
107. If a seller is acting in a professional capacity, he/she must pay resale royalties to the artist. ArtViatic cannot accept liability in connection with any such payments to artists.
108. Failing this, and if the buyer is acting in a professional capacity, he/she will be required to pay the resale royalties to the artist. ArtViatic cannot accept liability in connection with such payments to artists.
Clause 8. Right of withdrawal
109. Pursuant to legislation on sales between professionals and consumers, if the subscriber is a consumer within the meaning of the applicable legislation he/she may exercise his/her right of withdrawal at any time during the full seven-day period provided by the Consumer Code (Code de la consummation).
110. The subscriber will have seven full days from the date of delivery of the order in which to return the work of art.
111. Notice of withdrawal should be sent to the professional seller by e-mail, within the statutory period.
112. The work of art must also be returned directly to the seller's address, as stated on the package, in the original packaging (or repacked in a way suitable for safe delivery by a carrier) in perfect condition, together with the original invoice.
113. The work must be insured and returned via a carrier within the statutory period; the cost of carriage and insurance will be borne by the buyer.
114. Only the price of the returned work of art will be refunded, to the exclusion of any handling and delivery costs (carriage, insurance), which will be borne by the buyer.
115. Refunds will be made within 15 days maximum of receipt of the work by the seller, as evidenced by the carrier's delivery slip. The price will be refunded either by crediting the buyer's bank account or by sending a bank cheque in the name of the buyer who placed the order to the invoicing address.
116. In the event the work is not returned to the seller or is damaged or destroyed for reasons not attributable to the carrier, the buyer will not be refunded the full price of the work. Accordingly, ArtViatic advises clients to check the condition of the work with the carrier upon delivery and to immediately report any problems to ArtViatic.
117. In any event, the subscriber acknowledges that these provisions do not apply between professionals.
Clause 9. Liability and warranties
118. The ArtViatic website is not an auction platform and does not receive instructions to act on behalf of sellers of works of art. Contracts of sale are entered into directly between sellers and buyers.
119. ArtViatic cannot be held liable in connection with relations between subscribers and their authorised representatives under any circumstances.
120. The fact that a seller places an advertisement on the ArtViatic website cannot be interpreted as a warranty on the part of ArtViatic as to the authenticity or provenance of the work of art.
121. ArtViatic does not provide any warranty as to the absolute accuracy of information displayed. It merely has a best efforts obligation as regards the reproduction of the information it receives.
122. As an intermediary between the buyer and the seller, ArtViatic does not provide any warranty whatsoever concerning the works of art sold.
123. All information contained in the ArtViatic databanks is provided "as is" and the website does not provide any express or implicit warranty as to the content of any information supplied by sellers. The subscriber hereby agrees not to bring any claim or action before the courts in connection with any loss or damage arising from errors and based on contractual liability, liability in tort or any other legal ground.
124. Furthermore, ArtViatic cannot accept liability for any direct or indirect loss or damage (such as commercial loss, lost profits or lost earnings) suffered by the seller or the buyer as a direct or indirect result of using the website.
125. Lastly, ArtViatic cannot be held liable for any problems accessing the website or any temporary unavailability of the website due to telecommunication network disruptions. The user is aware of the complex nature of the international communications networks and the risk of saturation at certain times. Likewise, ArtViatic cannot guarantee that the site will be completely protected from intrusions or viruses.
126. ArtViatic cannot accept liability for any computer security attacks that may result in the loss of, or damage to, users' computer equipment or data.
127. In any event, if ArtViatic's liability is incurred as a result of any failure to perform its obligations resulting from these terms and conditions, its liability will be limited to foreseeable losses, which will not exceed the total amount of the subscription fees paid by the user for that particular year.
128. The user undertakes to use his/her private account area and the information he/she obtains in compliance with the terms and conditions defined by ArtViatic.
129. The user undertakes not to do anything that might cause a computer security risk for ArtViatic or the other users, and not to interfere with or interrupt the normal functioning of his/her private account area.
130. The user cannot hold ArtViatic liable for any delay in receipt of information.
131. The user undertakes to hold ArtViatic, its director, its employees and agents harmless in the event of any claim, action, proceedings or judgement finding against such persons as a result of the user's failure to comply with the general terms and conditions.
132. ArtViatic will use its best efforts to carry out the tasks incumbent upon it in connection with the private account area, in accordance with accepted industry standards.
133. ArtViatic cannot be held liable for any disruption in the functioning of the private account area or, more generally, the platform.
134. ArtViatic cannot be held liable in the event of any fraudulent or improper use or the deliberate or accidental disclosure to any third party of the user's access codes.
135. ArtViatic cannot be held liable for any breach of confidentiality of the user's personal data due to the use of his/her access codes by a third party, unless a serious fault or negligence on the part of ArtViatic can be established.
136. ArtViatic cannot be held liable for any general infringement of the users' rights.
137. ArtViatic cannot be held liable in the event all or part of the subscriber's private account area is unavailable or, more generally, for any substandard performance whatsoever.
Clause 10. SICCFIN
138. Pursuant to Article 18 of Law 1.362 of 3 August 2009 on the fight against money laundering, the financing of terrorism and corruption, and Article 218 of Monaco’s Criminal Code (Code penal), ArtViatic reserves the right to report to SICCFIN, whenever necessary, any suspicions it may have concerning any seller when the provenance of a work of art has not been certified.
139. Furthermore, ArtViatic has a duty to establish and verify the identity of its users, as part of its ‘duty of vigilance’.
Clause 11. Combating fraud
140. Pursuant to the reinforced regulations on the circulation of cultural goods and the fight against fraud in the art world, ArtViatic reserves the right to inform the police when it has any serious concerns as to the provenance of works of art offered for sale.
141. ArtViatic reminds its users that the infringement, counterfeit or theft of a work of art and fraud are criminal offences.
Clause 12. Intellectual property
142. ArtViatic respects the rights of artists and authors. ArtViatic users also undertake to respect the rights associated with the works of art offered for sale on the website.
143. All rights of the authors of protected works that are reproduced and displayed on this website are reserved. The artists remain the owner of copyright to the work. The rights of representation and reproduction to the works displayed on the website belong to their creators and ArtViatic. Their joint authorisation is necessary in order to use such rights. The client's right to the work is therefore limited to a private right of use, excluding any right of representation or right of reproduction.
144. All graphic elements, programs, services, processes, design and concepts, non-commercial software, technological items and contents of the database and all the services proposed by ArtViatic will remain the full and exclusive property of ArtViatic.
145. It prohibits any unauthorised use of its rights. In particular, it is the owner of copyright to the databases.
146. To enable ArtViatic to use the various elements (information, wording, images, photos) contained in the advertisements displayed by a seller, without infringing the seller’s rights to such elements, the seller must grant ArtViatic a non-exclusive license to use, exploit and disclose such elements in any existing or future media, free of charge and without any limitation in terms of duration or territory, and with the right to sublicense. If need be, the licence will remain valid throughout the statutory protection period.
147. ArtViatic users undertake to respect all property rights associated with the content of the advertisements displayed on-line by the sellers of works of art.
148. By using and subscribing to the ArtViatic services, the user undertakes not to reproduce, store or modify any reproduction of the displayed works of art on any medium whatsoever or for any purpose whatsoever.
149. ArtViatic cannot be held liable if all or part of the content of advertisements is displayed on other Internet sites or on any other existing or future medium without its knowledge and without its written authorisation.
Clause 13. Personal data
150. ArtViatic has carried out the necessary preliminary formalities and is in full compliance with Data Protection regulations.
151. Users need to supply personal data in order to register for a private account area.
152. Pursuant to Law 1.165 of 23 December 1993, as amended by Law 1.353 of 4 December 2008 on the protection of personal data, it is stipulated that all personal data collected using the registration form on this website is:
- collected by ArtViatic, which acts as the data protection manager, for the following purposes:
• processing of the request to register on the ArtViatic website, and the processing, placing and management of advertisements displayed on the website, contacts between potential buyers and sellers, and the sale of works of art resulting from such contacts;
• to enable ArtViatic to inform users of marketing offers or solicitations. Users may exercise their rights not to receive such offers, as is allowed by law and in accordance with the procedure described below; - intended for ArtViatic, on the understanding that ArtViatic may disclose or transmit data to any other person involved in the processing of registration applications, or in the processing, execution and management of sales resulting from contacts.
153. Personal data that is mandatory is flagged on the registration form by an asterisk (*). If this information is not supplied the registration cannot be accepted, and a username and password giving access to the private account area will not be issued.
154. Pursuant to Law 1.165 of 23 December 1993, as amended by Law 1.353 of 4 December 2008 on the protection of personal data, subscribers have a right to query, access and rectify their personal data and the right to state that they do not wish to receive marketing and other offers, as well as the right to object thereto for valid legal reasons. Rights can be exercised by writing to:
Le Roc Azur
29 boulevard d’Italie
enclosing a copy of proof of identity.
155. ArtViatic undertakes not to use the data for any purpose other than as described above, and not to disclose it to any person other than those persons referred to above, in particular for direct marketing purposes, without the prior authorisation of the individual.
156. By accepting these general terms and conditions of access to the ArtViatic website private account area, you acknowledge that you are aware of our personal data protection policy and agree to our collection and use of such data.
Clause 14. Cookies
157. Users are informed that when they enter the ArtViatic site a cookie may be automatically installed on their browser.
158. A cookie is a file that cannot be used to identify users but that stores data and is used to track website visitor browsing habits and preferences.
159. You can set your browser to inform you when you receive cookies and to refuse them.
160. Users can disable cookies by selecting the appropriate options in their browser.
161. However, if you disable cookies you may not be able to access certain services.
162. Each user has a duty to comply with the provisions of Law 1.165 of 23 December 1993, as amended by Law 1.353 of 4 December 2008 on the protection of personal data, and legal action may be taken in the event of any breach thereof. Users of the ArtViatic website must refrain from the collection or inappropriate use of any personal data obtained or which they may obtain, and, more generally, from doing anything that might adversely affect the privacy or reputation of any individual.
Clause 15. Website availability
163. The website is available in .fr and .com, 24 hours a day and seven days a week, subject to any force majeure event, a technical failure, or any maintenance work that may be necessary for the proper functioning of the website or to update it. Subscribers may not claim any compensation in connection therewith.
164. A force majeure event is any unforeseeable and unavoidable event that is beyond the control of the parties, including but not limited to: war, natural disasters, civil commotions, strikes, fire, storms, flooding, the unavailability of telecommunication networks and the unavailability of computer networks.
165. ArtViatic will inform users that the website is unavailable or temporarily unavailable, whenever this is possible.
Clause 16. Disclaimer
166. ArtViatic does not claim to act as an expert or valuer; it merely provides a negotiation platform for sellers and buyers of works of art. Accordingly, advertisements are drawn up on the basis of the information and details provided by the sellers.
167. The seller accepts complete responsibility for the information describing the work he/she is offering for sale via ArtViatic, and expressly acknowledges that the content of the on-line advertisement has no legal value as an attestation, expert opinion or certificate of authenticity, and cannot be used as such.
168. The ArtViatic website is intended for experienced buyers. Sellers and buyers accept full responsibility for their assessment and judgement of the works offered for sale on ArtViatic.
Clause 17. Contractual language
169. French is the contractual language. If these terms and conditions are translated into any other language, the French language version will take precedence over the translation in the event of any claim, dispute or disagreement in connection with the interpretation and performance of these terms and conditions and, more generally, the relations between ArtViatic and the website user.
Clause 18. Applicable law – Jurisdiction
170. These terms and conditions are governed by the laws of the Principality of Monaco.
171. This clause applies to all substantive issues and matters of form, notwithstanding the place of performance of the essential or non-essential obligations.
172. Notwithstanding the statutory provisions that apply to contracts entered into with consumers, in the event of any dispute the courts of the Principality of Monaco will have sole jurisdiction.