GENERAL TERMS AND CONDITIONS

TERMS OF USE AND SUBSCRIPTION

    Article 1. Recitals

  1. The artviatic.com website is offered by Antoine Van de Beuque Arts S.A.M (ArtViatic), a société anonyme (corporation) existing and organized under the laws of Monaco, registered with the Register of Commerce and Industry of the Principality of Monaco under number RCI 11S05554, headquartered at Le Roc Azur, 29 boulevard d’Italie 98000 Principality of Monaco, with a share capital of €150,000.
  2. The website ArtViatic allows its registered users to access advertisements for the sale of works of art, and to sell and buy them. ArtViatic is an online broker and the services it offers do not include online auctions.
  3. 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.
  4. The user represents and acknowledges that:
    • he/she was informed in a clear and unambiguous manner that ArtViatic is neither a party to the auction, nor an intermediary in the relation;
    • he/she has the technical skills required to use the site;
    • he/she is of the legal age of majority and have the full legal capacity to be bound by these terms of use and subscription;
    • he/she is informed that his/her commitment does not require a handwritten or electronic signature;
    • it is up to him/her to take all the necessary precautions to verify the authenticity or the origin of the works of art, since ArtViatic is not responsible for examining the quality, safety, lawfulness of the works of art, the truthfulness or the accuracy of the advertisements, the capacity of the sellers to sell the works of art, or the capacity of the buyers to buy them;
    • consumers have specific rights which can be challenged if they are buying services on the website in a trader capacity.
  5. The user can save and print these terms of use and subscription using the standard features of his/her browser or computer.
  6. The user represents that he/she has obtained all the necessary information on the use of the website and the quantitative and qualitative characteristics of the service offered.
  7. Article 2. Definitions

    • “subscriber”: a user who has bought a subscription offer;
    • “subscription”: subscription to the Open Gallery or the Premium Gallery which allows the user to become a subscriber and access works of art between €20,000 and €150,000 for the Open Gallery, and over €150,000 for the Premium Gallery;
    • “buyer”: an ArtViatic user or subscriber who wishes to purchase a work of art;
    • “consumer”: any natural person who is acting outside his/her trade, business, craft or profession;
    • “trader” and “organizations”: any natural person or any legal person other than a consumer;
    • “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;
    • “user”: any person using the website whether he/she is a simple visitor, a registered user or a subscriber;
    • “seller”: ArtViatic user or subscriber, owner of a work of art or authorised representative of the owner of a work of art, who wishes to sell a work of art.

    Article 3. Purpose

  8. The purpose of these terms of use and subscription is to set forth the terms and conditions governing the use of the ArtViatic website and the subscription to the ArtViatic website.
  9. Article 4. Enforceability

  10. Registered users may only access the services offered on the website provided they have accepted these terms of use and subscription.
  11. They are enforceable upon their acceptance by the user via a checkbox.
  12. ArtViatic reserves the right to modify or amend these terms of use and subscription at any time.
  13. ArtViatic will inform the users of the existence and the entry into force of the new terms of use and subscription by email and via a notice on the website 30 days before the entry into force of the new terms of use and subscription.
  14. Once informed of the new terms of use and subscription as described above, the user will have the option either to accept the new terms of use and subscription or to close his/her private account area without notice if he/she refuses them. The user will nevertheless remain liable for all previous use.
  15. The terms of use and subscription can be accessed at any time on the website in the section Terms of Use and Subscription in footer. The user can access archived terms of use and subscription on request by sending an email to: contact@artviatic.com.
  16. The user may decide at any time to cease using the online services and his/her private account area, in which case the user will nevertheless remain liable for all previous use.
  17. The terms of use and subscription available on the website and accepted during the order process take precedence over any earlier printed versions.
  18. Article 5. Description of the website

    5.1 General description of the services

  19. ArtViatic is a platform for private sales of works of art.
  20. Sellers are free to sell their works of art to the buyer of their choice.
  21. 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 online brokerage platform, which means that there is no auctioneer and items are not automatically awarded to bidders.
  22. ArtViatic informs his/her users in a clear and unambiguous manner that its website is an infrastructure allowing registered users to post advertisements and to view, participate in, organise and/or carry out brokerage operations performed remotely by electronic means, and that ArtViatic is neither a party to the sale nor an intermediary in the transaction which can result from the advertisements posted on its electronic platform.
  23. Contracts of sale are entered into directly between the buyer and the seller.
  24. 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.
  25. A user who freely registers to the website can access the Gallery of the works of art between €20,000 and €150,000.
  26. A user who subscribes to the Premium Gallery becomes a subscriber and will have access to the Gallery of the works of art over €150,000.
  27. As a seller, the subscriber will be entitled to offer works of art for sale free of charge.
  28. ArtViatic may refuse a work of art without having to justify its refusal.
  29. 5.2 Private account registration

  30. Some areas of the website are reserved for and accessible only to registered users and subscribers.
  31. 5.3 Registration

  32. In order to be able to access their private account area and make use of the services offered by ArtViatic, users must first register or subscribe with ArtViatic by completing the registration form provided for that purpose.
  33. 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.
  34. The email 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.
  35. The information provided by the user must be accurate, complete and promptly updated. The user can modify or update his/her information in the section “my account”.
  36. On completion of the registration procedure, ArtViatic will immediately send the user a message concerning the registration request entitled “Confirmation of your registration request”.
  37. 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.
  38. The user must enter a valid email address that will be used among other things to send an email confirming his/her registration and to recover and/or change his/her password.
  39. The user must make sure that he/she the only one who has access to the email authorising the change password procedure.
  40. The user is solely responsible for keeping his/her password and any other confidential data that may be given to him/her by ArtViatic safe and confidential.
  41. The user agrees to take all necessary measures to guarantee complete confidentiality.
  42. Any use of the website services made under the password of a user shall be assumed to be have been made by the user.
  43. The user agrees to notify ArtViatic immediately if his/her password is stolen or disclosed to a third party.
  44. This notification should be sent to ArtViatic by email at: . The date of notification will be the date of receipt of the email.
  45. Upon receipt of the notification, a link will be sent to the user allowing him/her to change his/her password.
  46. The user is solely responsible for the use made under his/her password until ArtViatic receives his/her notification and request for a password change.
  47. 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 username and/or password.
  48. Use of the private account area is personal. The subscriber accordingly undertakes not to assign, transfer, or sublicense his/her rights as the subscriber to any person whomsoever.
  49. ArtViatic will provide the user with a private account at the time of registration and/or subscription.
  50. 5.4 Private account area

  51. The private account area can be used to:
    • view the ArtViatic online catalogue for works of art between €20,000 and €150,000;
    • 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 ArtViatic 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;
    • buy and sell works of art on the website.
  52. The user who has taken out a Premium subscription may access the Premium Gallery for the works of art over €150,000.
  53. 5.5 Posting of advertisements

  54. Only works of art with an estimated value in excess of €20,000 can be offered for sale on ArtViatic.
  55. Advertisements drafted by the sellers and displayed on the ArtViatic website will describe the works and items available for sale.
  56. They can only contain text and images supplied by the seller.
  57. The content of the advertisement must not infringe any third party’s rights in respect of any photographs, images or text.
  58. ArtViatic reserves the right to refuse advertisements without having to justify this refusal.
  59. 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);
    • for impressionist to modern works: the name of the expert who signed the certificate provided with the work or its registration in the annotated catalogue, and for contemporary works: the name of the expert who signed the certificate provided with the work or its registration in the annotated catalogue or any certificate of origin of the work;
    • references (exhibitions, bibliography, provenance, etc.);
    • information on its condition (optional);
    • the price for which the seller wishes to sell the work (set price), in euros or in US dollars.
  60. ArtViatic wishes to point out that all information contained in advertisements is published under the sole responsibility of the sellers.
  61. All recommendations made by ArtViatic are suggestions to better showcase the work.
  62. Under no circumstances will ArtViatic be responsible for these suggestions or for the contents of the advertisements.
  63. 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.
  64. Sellers undertake that 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.
  65. 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 of use and subscription.
  66. After an advertisement is placed by the seller, ArtViatic can check its form but it will never intervene on its wording or its content.
  67. For the sale of works of art, the subscribers (buyers and sellers) grant ArtViatic a non-exclusive, royalty-free, non-transferable license on the photos, descriptions of all kinds, and more generally all elements which would have been provided by the subscriber during the registration and/or posting of the advertisement for sale of the work of art.
  68. This license authorises ArtViatic to:
    • reproduce or cause to be reproduced all or part of the contents on any medium;
    • adapt, modify, develop, maintain, update, enrich the contents, associate them in whole or in part with any text or legend, translate them into any language, integrate them in whole or in part into any existing or future works, on any medium;
    • perform, circulate or caused to be circulated the contents by any electronic, digital, computer, telecommunications means and/or media, to all public and for any telecommunications network.
  69. The subscriber agrees that ArtViatic may reformat, change size, definition and coding of the content he/she posts for their better display without changing the meaning of the content.
  70. The rights enumerated in this clause are granted to ArtViatic for the duration of the subscriber registration.
  71. 5.6 Contacts between users and selling process

  72. All users may use the secure direct negotiation platform to contact other buyers and sellers and negotiate sales.
  73. 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.
  74. Any improper conduct should be reported to ArtViatic using the “Report a problem” tab on the website.
  75. 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.
  76. 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.
  77. The seller undertakes to sell only works of art which he/she possesses and of which he/she is the indisputable owner or for which he/she has received a mandate and confirms that he/she has the full legal capacity to sell these works of art.
  78. When posting his/her advertisement, the seller must provide all the information requested in a comprehensive and honest manner and be in possession of all the original documents proving the ownership and authenticity of the item offered for sale.
  79. The seller undertakes not to provide false/misleading data on his/her personal information, the work of art or the advertisement.
  80. The seller is solely responsible for the information which he/she gives about the item and for all the information contained in his/her advertisement. The seller undertakes to comply with all laws and regulations, including commercial and tax laws relating to the circulation of cultural goods.
  81. If requested to do so by any administrative, legal or tax authority, ArtViatic reserves the right to request proof of ownership and/or the transport conditions of the items advertised and to transfer such proof to the authorities.
  82. Any buyer wishing to enter into contact with the seller of works of art should proceed as follows:
    • subscribe to the Open Gallery (free subscription):
    • to use the direct negotiation platform to contact the seller or sellers and start negotiations.
    • subscribe to the Premium Gallery (paid subscription):
    • to consult the catalogue of works of art over €150,000 and the information sheet for the works;
    • to use the direct negotiation platform to contact the seller or sellers and start negotiations.
  83. Once a buyer has contacted the seller he/she may either accept the proposed price or submit an offer. It should be noted in this context that buyers who make online offers are not obliged to finalise the purchase. However, buyers must negotiate in good faith and the fact that they enter into negotiations constitutes a genuine intention to buy.
  84. However, in case the buyer makes an offer for the price published by the seller, the seller will have to accept it. In case of refusal, the seller must pay the commission owed for the sale to ArtViatic, which corresponds to 6 % of the published amount of the work of art.
  85. 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.
  86. 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 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. The financial costs of the preview will be borne by the buyer. 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.
  87. 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.
  88. The seller must provide the buyer with any document required to transfer the ownership of the works of art.
  89. Where necessary, the seller undertakes to carry out all administrative, tax and customs procedures incumbent upon him/her for the transfer of his/her work of art to the buyer.
  90. After completion of the sale, ArtViatic must be immediately informed of the sale and purchase by the parties and of the final sale price.
  91. 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.
  92. 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.
  93. Whenever a work of art is sold, the buyer and the seller must pay a commission to ArtViatic in accordance with the terms and conditions set out under the heading “Payment procedure for commissions”.
  94. After receiving the work of art, the buyer will receive a Goods Received Note from ArtViatic and must complete, date, sign and return it to ArtViatic by fax at +377 (0) 97978867 or by email at contact@artiviatic.com within 7 days to confirm safe receipt of the work of art.
  95. The sending of the Goods Received Note by the buyer is one of the elements for the finalisation of the sale.
  96. In the event the seller refuses to release the work of art or lot or is unable to honour his/her 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.
  97. As an intermediary between the seller and the purchaser, ArtViatic will not be bound by any warranty concerning works of art sold.
  98. 5.7 Transportation and delivery of works of art

  99. After completion of the sale, the work is sent to the buyer at his/her expense.
  100. 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.
  101. 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.
  102. Article 6. Subscriptions

    6.1 Open Gallery

  103. By registering on the website, the user will benefit from a free subscription allowing him/her to access the Open Gallery and use the direct negotiation platform to contact one or more sellers and start negotiations for works of art between €20,000 and €150,000.
  104. 6.2 Premium Gallery

  105. The website allows users to take out a subscription that gives access to a catalogue of works of art with an estimated unit value of €150,000.00 or more.
  106. If the user wishes to take out a subscription, he/she will have to agree to the terms of use and subscription and fill in an online subscription form in which he/she will have to disclose his/her identity.
  107. 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 terms of use and subscription.
  108. Access to the private account area will only become definitive after receipt and validation of the corresponding payment in full for the Premium Gallery subscription.
  109. By taking out the subscription, and because of the digital nature of the subscription, the user expressly gives up any right of withdrawal.
  110. For the Premium Gallery subscription, after payment in full, a confirmation email will be sent to the user together with the electronic invoice and the terms of use and subscription.
  111. ArtViatic reserves the right to suspend or terminate the service subscribed by the user, without prior notice, in the event the online payment of the subscription fee is subsequently rejected [by the bank], and retains the right to charge the user for any costs incurred in connection therewith.
  112. 6.2.1 Premium Gallery / 1 month subscription

  113. It offers unlimited access to the online catalogue of modern, impressionist, and contemporary works for the duration of the subscription.
    • Price: €84 VAT included
    • Duration: 1 month
    • Services included:
      • Access to the entire Gallery, including access to the Premium Gallery;
      • Secure direct negotiation platform;
      • Alerts;
      • Optional use of escrow account.
  114. When the subscription expires, the subscriber will no longer be able to access the ArtViatic Premium Gallery, but he/she may continue to receive offers by other buyers and sellers on ArtViatic’s secure direct negotiation platform.
  115. 6.2.2 Premium Gallery/ 1 year subscription

  116. It offers unlimited access to the online catalogue of modern, impressionist, and contemporary works.
    • Price: €840 VAT included
    • Duration: 1 year
    • Services included:
      • Access to the entire Gallery, including access to the Premium Gallery;
      • Secure direct negotiation platform;
      • Alerts;
      • Optional use of escrow account.
  117. When the subscription expires, the user will no longer be able to access the Premium Gallery but he/she may continue to receive offers by other buyers and sellers and negotiate on ArtViatic’s secure direct negotiation platform.
  118. Article 7. Financial terms and conditions

  119. The subscription fee is payable at the time of the website subscription.
  120. Cards issued by banks located outside of France must be international bank cards. The secure online bank card payment system uses the SSL (Secure Socket Layer) protocol. This means all data sent is encrypted and cannot be read during transmission.
  121. All prices displayed are stated either in Euro or in Dollar for all the countries.
  122. The subscribers agree that invoices may only be sent in an electronic form.
  123. ArtViatic is not liable for any differences between the estimated total amount of the order and the amount actually invoiced that are due to variations in exchange rates or bank commission.
  124. Article 8. Payment procedure for works of art

  125. The prices are those posted and accepted by the seller. The buyer takes under his/her responsibility any variations of variations in exchange rates, bank commission and/or any kind of expenses related to the sale.
  126. All sums owed in connection with the purchase of works of art can be paid by bank transfer to the seller’s bank account.
  127. In order to guarantee maximum security, sums paid in connection with the sale of works of art may transit via an escrow account.
  128. If you choose to use an escrow account, you may designate ArtViatic as your escrow agent.
  129. 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 and/or any expenses related to the sale.
  130. Article 9. Payment procedure for commissions

  131. The commission owed by the seller to ArtViatic will correspond to 3% of the sale price negotiated on the online brokerage platform even if the real sale price is lower than this amount during the closing of the sale.
  132. Any difference due to variations in exchange rates or bank commission and/or any selling expenses, in particular the time of the agreement of the seller and the buyer and the time of the sale, will be borne by the seller and the buyer.
  133. The commission owed by the buyer to ArtViatic will correspond to 3% of the sale price negotiated on the online brokerage platform even if the real sale price is lower than this amount during the closing of the sale.
  134. 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 online brokerage platform.
  135. The buyer and the seller must pay the commission within the 30 days of the receipt of the invoice.
  136. If the seller or the buyer fails to pay all or part of an invoice issued by ArtViatic within the above-mentioned time period, ArtViatic may at its discretion apply the following penalties to the seller or the buyer by way of default interests, without prejudice to its right to claim compensation for the harm caused by the late payment.
  137. In case of default of payment, late payment interest will be charged at a rate equal to three times the statutory interest rate of Monaco of the then current year.
  138. ArtViatic will also be entitled to obtain refund of the sums incurred to recover its debts.
  139. The buyer and the seller agree that ArtViatic is entitled to request either of them by registered letter with request of acknowledgement of receipt during a period of 5 years after the sale to provide a copy of the following documents:
    • the contract of sale; and/or
    • any kind of document related to the sale (copy of the transfer orders, proof of any tax registration, etc.).
  140. The seller and the buyer undertake to provide all the elements related to the sale that may be requested by ArtViatic.
  141. For buyers or sellers who are traders, ArtViatic may request either or both of them, after notice with at least 8 days in advance given by registered letter with request of acknowledgement of receipt, to have an accounting or auditing firm audit the accounting and banking operations relating to the sale at its expenses.
  142. If the documents or audit report reveal a higher sale price, the sums due to ArtViatic will be adjusted accordingly.
  143. Article 10. Resale royalties

  144. 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.
  145. If a seller is acting in a trader capacity, he/she must pay resale royalties to the artist. ArtViatic cannot accept liability in connection with any such payments to artists.
  146. Failing this, and if the buyer is acting in a trader 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.
  147. Article 11. Right of withdrawal

  148. ArtViatic is not involved in any way in the contractual relationship between sellers and buyers.
  149. Pursuant to legislation on sales between traders 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 consommation).
  150. It is up to the seller and the buyer to inquire on the terms and conditions of this right of withdrawal according to the applicable law to their relationship.
  151. The seller and the buyer expressly agree that ArtViatic cannot be held liable in any way in this respect.
  152. Article 12. Liability and warranties

    12.1 Liability of the user

  153. 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.
  154. 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.
  155. The user cannot hold ArtViatic liable for any delay in receipt of information. The user expressly holds ArtViatic harmless from any liability in the event of a dispute or claim and against any present or future damage, actual or alleged, proved or not, directly or indirectly in connection with or arising out of the advertisements posted or the purchases or sales realised.
  156. 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 terms of use and subscription.
  157. 12.2 Liability of ArtViatic

  158. 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.
  159. 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.
  160. ArtViatic is not involved in transactions between buyers and sellers. Therefore, ArtViatic does not exercise any control over the quality, safety or lawfulness of the listed items, the truthfulness or the accuracy of the advertisements posted online, the sellers’ capacity to sell these items or services or the buyers’ capacity to pay for these items or services.
  161. 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.
  162. 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 or participating in the transaction.
  163. 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.
  164. ArtViatic cannot accept liability for any computer security attacks that may result in the loss of, or damage to, users’ computer equipment or data.
  165. In any event, if ArtViatic’s liability is incurred as a result of any failure to perform its obligations resulting from these terms of use and subscription, 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.
  166. 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.
  167. ArtViatic cannot be held liable for any general infringement of the users’ rights.
  168. 12.3 Hosting provider

  169. ArtViatic only supplies technical services for the advertisements posted on the ArtViatic website. In this context, ArtViatic merely has a best efforts obligation.
  170. In general, ArtViatic does not exercise any ex ante or ex post control over the origin, accuracy, completeness, truthfulness, quality, timeliness or lawfulness of the advertisements posted on the website.
  171. ArtViatic is only acting as the hosting provider of the website.
  172. As such, ArtViatic is not bound by any obligation of general monitoring: it is under no obligation to monitor, moderate or control the advertisements posted on the website and does not directly intervene on the contents.
  173. Users are solely responsible for the advertisements they post on the platform; they are solely responsible for their contents and for works of art offered and ArtViatic shall have no liability in that respect in any way.
  174. However, for reasons linked to the quality of the website, ArtViatic can moderate ex ante or ex post the advertisements posted and, when appropriate, delete them immediately, without notice or compensation of any kind, in particular:
    • when an obviously unlawful content was notified or reported to it. The user will have to provide his/her email address and can communicate the reason of the notification or reporting;
    • when a content not respecting these terms of use and subscription has come to its attention.
  175. ArtViatic will then take the measures which it considers the most adapted to the situation.
  176. Users acknowledge and agree that their advertisements may be the object of a report by other users and of an ex ante or ex post control by ArtViatic.
  177. It is reminded that the fact, for any person, of presenting content or an activity as being unlawful for the purpose of having it removed or stopping its dissemination when he/she knows that this information is false can be criminally sanctioned.
  178. In any case, ArtViatic shall not be held responsible for its control and does guarantee that this control is error-free, complete, accurate or comprehensive.
  179. ArtViatic does not intervene in the relations and exchanges between users; it only posts the contents communicated by the user and technically transfers offers and counter-offers.
  180. Under no circumstances does ArtViatic intervene in the formation or the execution of the contractual relation which may be concluded between users, and a contract can only be directly concluded between the users and not via the website.
  181. ArtViatic cannot in any way guarantee the effective conclusion of a contractual relation between the users.
  182. ArtViatic reminds that it does not act as owner, depositary, seller, renter, warrantor, expert, guarantor, negotiator or auditor. ArtViatic is therefore not bound by the obligations, guarantees or warranties imposed on parties acting as such.
  183. Lastly, ArtViatic cannot be held responsible in any way in case of dispute or litigation between sellers and buyers.
  184. 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. In any case, ArtViatic has the possibility of refusing the registration of any work of art submitted by sellers.
  185. Article 13. SICCFIN

  186. 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 pénal), 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.
  187. Furthermore, ArtViatic has a duty to establish and verify the identity of its users, as part of its ‘duty of vigilance’.
  188. Article 14. Combating Fraud

  189. 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.
  190. ArtViatic reminds its users that the infringement, counterfeit or theft of a work of art and fraud are criminal offences.
  191. Article 15. Intellectual property

  192. 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.
  193. 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.
  194. 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.
  195. It prohibits any unauthorised use of its rights. In particular, it is the owner of copyright to the databases.
  196. 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.
  197. ArtViatic users undertake to respect all property rights associated with the content of the advertisements displayed online by the sellers of works of art.
  198. 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.
  199. 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.
  200. Article 16. Personal data

  201. ArtViatic has carried out the necessary preliminary formalities and is in full compliance with Data Protection regulations.
  202. ArtViatic, as the data protection manager, will process your personal data for the purposes of managing contacts between users of the ArtViatic website for the brokerage of works of art.
  203. Pursuant to the amended Data Protection Act of 6 January 1978, on the protection of personal data, it is stipulated that all personal data collected using the registration form on this website is:
  204. - collected by ArtViatic, which acts as the data protection manager, for the purposes of processing of for the purposes of managing contacts between users of the ArtViatic website for the brokerage of works of art;

    - intended for ArtViatic, on the understanding that ArtViatic may disclose or transmit data to its partners or/and any other person involved in the processing of the request to register on the ArtViatic website, and the processing, execution and follow up of the sales resulting from such contacts.

  205. 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.
  206. Pursuant to the amended Data Protection Act of 6 January 1978 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:
  207. ARTVIATIC

    Le Roc Azur

    29 boulevard d’Italie

    98000 Monaco
    or by email:

    enclosing a copy of proof of identity.

  208. 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.
  209. 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.
  210. Article 17. Cookies

  211. Users are informed that when they enter the ArtViatic site a cookie may be automatically installed on their browser.
  212. 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.
  213. You can set your browser to inform you when you receive cookies and to refuse them.
  214. Users can disable cookies by selecting the appropriate options in their browser.
  215. However, if you disable cookies you may not be able to access certain services.
  216. Each user has a duty to comply with the amended Data Protection Act of 6 January 1978, 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.
  217. Article 18. Website availability

  218. The website is available 24 hours a day and 7 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.
  219. 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.
  220. ArtViatic will inform users that the website is unavailable or temporarily unavailable, whenever this is possible.
  221. Article 19. Rules of evidence

  222. The terms of use and subscription are accepted online by the user and are enforceable against him/her. The acceptance online will have the same probative value between the parties as an acceptance on a paper document.
  223. For purposes of these terms of use and subscription, the parties acknowledge that the elements below will be considered admissible evidence:
    • emails;
    • logs, connection data, traffic data.

    Article 20. Contractual language

  224. French is the contractual language. If these terms of use and subscription 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 of use and subscription and, more generally, the relations between ArtViatic and the website user.
  225. Article 21. Applicable law – jurisdiction

  226. These terms of use and subscription are governed by the laws of the Principality of Monaco.
  227. Personnal data being processed in France, French law applies, pursuant to the amended Data Protection Act of 6 January 1978.
  228. This clause applies to all substantive issues and matters of form, notwithstanding the place of performance of the essential or non-essential obligations.
  229. 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.

Version 2.1 - November 10, 2016