Clause 1. Recitals
1. ArtViatic offers services in connection with the on-line sale of works of art.
2. ArtViatic is an on-line broker and the services it offers do not include on-line auctions.
3. Users may only access the services offered on the website provided they have accepted these general terms and conditions of use.
4. The user represents that he/she has read and unreservedly accept these general terms and conditions of use.
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, as described in the general terms and conditions of subscription to the ArtViatic website. 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 of use of the ArtViatic website.
Clause 4. Enforceability
6. The user will be bound by these general terms and conditions of use with effect from his/her acceptance of them.
7. In any event, the general terms and conditions of use will be deemed to have been read and to be fully applicable from the date the user first uses the ArtViatic website.
8. ArtViatic reserves the right to modify these general terms and conditions of use whenever it considers this to be necessary or appropriate.
9. These terms and conditions will remain binding during such time as the user continues to use the ArtViatic website, and until any new general terms and conditions of use replace this version.
10. The user will be deemed to have accepted the new general terms and conditions of use from the date he/she first uses the ArtViatic website after they have been modified.
11. The general terms and conditions available on the website take precedence over any earlier printed versions.
Clause 5. Description of the website
Clause 5.1. General description of the services
12. ArtViatic is a platform for private sales of works of art. The ArtViatic website is not an auction platform and does not receive instructions to act on behalf of sellers of works of art. ArtViatic is an on-line brokerage platform, which means that there is no auctioneer and items are not automatically awarded to bidders.
13. 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.
14. 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 negotiated on-line between the buyer and the seller.
15. All users can access the ArtViatic website. However, only subscribers holding a valid subscription to the website can buy or sell works of art. They must comply with the general terms and conditions of subscription.
Clause 5.2. Description of the private account area available to subscribers
Clause 5.2.1. Private account registration
16. 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.
17. The e-mail address given in the registration form will be deemed to be the website 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.
18. At the time of registration for the ArtViatic Premium service, sellers and buyers will be given a username and password with 8 free characters maximum. Sellers and buyers will only be able to access their area by logging in with the username and password. 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.
19. 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 sales area is accessed using a username and password, it will be assumed that the user is their owner or his/her authorised representative, and whenever the buying area is accessed it will be assumed that the user is the buyer or his/her agent. Subscribers 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 password.
20. The various contact and negotiation services will only be accessible after confirmation of payment of the subscription and acceptance of the terms and conditions of use and access to the private account area.
Clause 5.2.2. Private account area for ArtViatic Premium subscribers
21. The website provides subscribers with a private account area through which they can register all works of art they wish to offer for sale, and to access the ArtViatic database of advertisements for a one-year period through.
22. Access to this area is strictly personal and reserved for users who have purchased the Premium subscription package offered by ArtViatic. By entering the private account area, the subscriber implicitly accepts these general terms and conditions.
23. The ArtViatic Premium subscription allows subscribers to access the ArtViatic platform and their private account area for a one-year period.
24. 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.
25. After ArtViatic has validated the seller's registration and the above-mentioned price has been paid, the seller can display on the ArtViatic website for a period of four months works of art he wishes to sell on-line, or can decide to hold it in reserve for a maximum period of eight months before offering it for sale on the website.
26. It is understood that ArtViatic can always refuse to put on-line any work of art for which sufficient guarantees have not been provided, as described in the general terms and conditions of subscription to the ArtViatic website.
27. As a seller, the subscriber will be entitled to offer works of art for sale in the ArtViatic on-line catalogue for a four-month period from the subscription date, free of charge.
28. As a buyer, the ArtViatic Premium subscriber will have access to all the works of art put on-line by the sellers for the one-year subscription period. He can therefore register his interest in purchasing any work offered by a seller, in which case his identity and contact details will remain confidential until the price has been negotiated with the seller on the platform, in accordance with the provisions of the general terms and conditions of subscription to the ArtViatic website.
29. Different situations may arise during negotiations:
- the buyer does not wish to arrange a meeting (preview) in order 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, thus automatically bringing 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.
30. 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 procedure defined in the general terms and conditions of subscription to the ArtViatic website.
Clause 5.2.3. Private account area for ArtViatic First Access subscribers
31. The ArtViatic First Access subscription allows owners of works of art or their authorised representatives to register one work of art free of charge, the service does not entitle them to access the ArtViatic database. Then 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.
32. The service provides subscribers with a personal account area through which they can offer a work of art for sale and manage their offer over a four-month period.
Clause 5.3. Core services common to the ArtViatic First Access package and the ArtViatic Premium subscription
33. Irrespective of the ArtViatic subscription option they have chosen, users will be entitled to receive the services described below, under the following terms and conditions of use relating to:
- drafting advertisements (Clause 5.3.1);
- selection of advertisements (Clause 5.3.2);
- contacts between subscribers and the selling process (Clause 5.3.3).
Clause 5.3.1. Wording of advertisements
34. Only works of art with an estimated value in excess of €150,000 can be offered for sale on ArtViatic.
35. 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.
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.
Clause 5.3.2. Selection of advertisements
37. After registering an advertisement ArtViatic will check it, but will never contribute to or alter the wording submitted by the seller, other than to propose additions or modifications if the advertisement contains insufficient and/or inaccurate information.
38. Accordingly, ArtViatic will check the existence of a certificate of authenticity for the work, although it does not accept any liability in connection with the estimated value of the work.
39. 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.
40. 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 of use.
41. 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 of use.
42. In the event of a breach of the terms and conditions of use, 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.
43. 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.
Clause 5.3.3. Contacts between subscribers and the selling process
44. 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.
45. Any improper conduct should be reported to ArtViatic using the "Report a Problem" tab on the website.
46. In the event of any suspicious or improper behaviour on the part of any seller or buyer, ArtViatic reserves the right to close the user’s private account. Closure of a private account will not entitle the user to a refund, and neither the seller nor the buyer will be entitled to claim any compensation from ArtViatic.
47. Once a buyer has contacted the seller he/she may either accept the proposed price or submit an offer in line with the indicated price. 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.
48. At the end of this first stage in the negotiation process the seller is not under any obligation to complete the sale with the buyer and may still negotiate with one or more other potential buyers. ArtViatic encourages all website users to act honestly and in good faith; sellers are strongly encouraged to promptly inform potential buyers when they decide to break off negotiations. If a buyer does not receive a reply from a seller within three days he may inform ArtViatic, which may then contact the seller and ask him to make his position known without further delay.
49. After completion of the sale, ArtViatic must be informed of the sale and purchase by the parties and of the final sale price.
50. 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.
51. After completion of the sale, ArtViatic must be informed of the sale and purchase by the parties and of the final sale price.
52. 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.
53. Whenever a work of art is sold, the buyer and the seller must pay a commission to ArtViatic. The commission is based on the price negotiated by the buyer and the seller on the ArtViatic website; accordingly, it does not necessarily correspond to the final sale price agreed between the buyer and the seller.
54. After ArtViatic has received confirmation of the sale, the website 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 agreed between the buyer and the seller on the ArtViatic website. Terms and conditions of payment of the service, the subscription fee and commissions are set out under the heading "Financial terms and conditions" below.
55. 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.
56. As an intermediary between the seller and the purchaser, ArtViatic will not be bound by any warranty concerning works of art sold.
Clause 6. Financial Terms and Conditions
57. Commission will be payable on every sale of a work of art, which will correspond to 3% of the sale price negotiated by the buyer and the seller on the ArtViatic website.
58. The subscription fee is payable at the time of the website subscription. Commissions are payable on completion of the corresponding sale.
59. You may pay any sums you owe to ArtViatic in connection with subscriptions and commissions by bank card, cheque or transfer. 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. Please make cheques to the order of ArtViatic and send them to the following address:
Le Roc Azur
29 boulevard d'Italie
60. In the event of any late payment, ArtViatic may immediately suspend all the subscriber's services. The subscriber will still owe ArtViatic the full subscription fee up to expiry of the agreement.
61. All sums owed in connection with the purchase of works of art can be paid by bank transfer to the seller's bank account or by depositing the sum in an escrow account. The parties will receive details of the escrow account after completion of the sale.
62. 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 amount or 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).
Clause 7. Liability and warranties
63. 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.
64. 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.
65. As an intermediary between the buyer and the seller, ArtViatic does not provide any warranty whatsoever concerning the advertisements displayed on the website author works of art sold.
66. 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 user 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.
67. 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 and/or the buyer as a direct or indirect result of using the website, including but not limited to:
- non-completion of the sale
- non-delivery of a work of art
- any problem relating to the authenticity or provenance of the work
- non-payment of all or part of the price of the work of art
- any problem relating to the transportation of storage of the work of art.
68. 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.
69. ArtViatic cannot accept liability for any computer security attacks that may result in the loss of, or damage to, users' computer equipment or data.
70. The user undertakes to use the private account area and the information he/she may obtain in compliance with the terms and conditions defined by ArtViatic.
71. 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 the private account area and the platform.
72. The user cannot hold ArtViatic liable for any delay in receipt of information.
73. 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.
74. 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.
75. ArtViatic cannot be held liable for any disruption in the functioning of the private account area.
76. 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.
77. 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.
78. ArtViatic cannot be held liable for any general infringement of the users' rights.
79. 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 8. SICCFIN
80. 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.
81. Furthermore, ArtViatic has a duty to establish and verify the identity of its users, as part of its ‘duty of vigilance’.
Clause 9. Combating fraud
82. 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.
83. ArtViatic reminds its users that the infringement, counterfeit or theft of a work of art and fraud are criminal offences.
Clause 10. Intellectual property
84. All 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.
85. It prohibits any unauthorised use of its rights. In particular, it is the owner of copyright to the databases.
86. 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.
87. 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.
88. 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.
89. All rights of the authors of protected works that are reproduced and displayed on this website are reserved. Any use of the works other than their reproduction or individual and private viewing is prohibited without prior authorisation.
Clause 11. Personal data
90. ArtViatic has carried out the necessary preliminary formalities and is in full compliance with Data Protection regulations.
91. Users need to supply personal data for a private account area to be created.
92. ArtViatic, as the data protection manager, will process your personal data for management purposes and in order to process your registration with the ArtViatic website.
93. The information requested is necessary for the management and processing of your registration with the ArtViatic website.
94. 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.
95. This data will be used by ArtViatic and its business partners.
96. 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, you have a right to query, access and rectify your personal data and the right to state that you 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.
97. By accepting these general terms and conditions of use, you acknowledge that you are aware of our personal data protection policy and agree to our collection and use of such data.
Clause 12. Cookies
98. Users are informed that when they enter the ArtViatic site a cookie may be automatically installed on their browser.
99. A cookie is a file that stores data and is used to track website user browsing habits and preferences.
100. You can set your browser to inform you when you receive cookies and to refuse them.
101. Users can disable cookies by selecting the appropriate options in their browser.
102. However, if you disable cookies you may not be able to access certain services.
103. Each user of the ArtViatic website has the right to access, rectify, query and object to the processing of personal data transmitted using cookies, by following the procedure described under the heading "Personal Data".
Clause 13. Website availability
104. The website is available in .fr & .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. Users may not claim any compensation in connection therewith.
105. 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.
106. ArtViatic will inform users that the website is unavailable or temporarily unavailable, whenever this is possible.
Clause 14. Disclaimer
107. 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.
108. 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.
109. 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 15. Contractual language
110. 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 16. Applicable law – Jurisdiction
111. These terms and conditions are governed by the laws of the Principality of Monaco.
112. This Clause applies to all substantive issues and matters of form, notwithstanding the place of performance of the essential or non-essential obligations.
113. Notwithstanding the statutory provisions that apply to contracts entered into with consumers, in the event of any dispute the courts of Monaco will have sole jurisdiction.