This first version of MYARTSOME is what is called an MVP, which stands for "Minimum Viable Product" in marketing and innovation jargon. In other words, an MVP is the first functional and secure version of a product whose goal is to prove the concept. This initial version, therefore, has the main features that enable clients to achieve their objectives, namely, (1) purchasing artworks showcased on MYARTSOME and/or ordering new ones through a chat system with the artists on the platform, (2) making secure payments, and (3) receiving worldwide delivery of the artworks.
In this preamble, at a time when the use of big data by Artificial Intelligence is becoming a major civilizational issue, we want to clarify our position regarding the use of your personal data: We are a benevolent community of visual artists, our goal is to give soul to your favourite places through the works of art we create, which are the source of our income. We are only interested in using your personal data if it serves us in carrying out our mission and communicating with you. That is why your personal information is neither sold nor disclosed to third parties, under any circumstances (except when we are required to comply with the law).
1 – Objectives and validity of the General Terms of Service (GTS)
MYARTSOME, an art-curated social media platform, which can be accessed at https://www.myartsome.com (referred to as the "Platform" hereafter), is designed to showcase Artworks (referred to as "Artworks") created by Artists (referred to as "Sellers") to potential Buyers who visit the site. Through the Platform, Buyers have the opportunity to purchase the Artworks directly from the Sellers and/or commission new artworks.
The objective of these general terms of service is to establish the conditions for selling Artworks online through the Platform and to determine the rights and responsibilities of all parties involved in this transaction.
The sale of Artworks through the Platform is conducted directly between the Buyer and the Seller. It is important to note that MYARTSOME does not act as a reseller of the Artworks offered by the Sellers on the Platform. Instead, MYARTSOME serves as an intermediary platform that enables Sellers and Buyers to connect and communicate via a chatroom to facilitate transactions.
As a result, MYARTSOME is not a party to the sales contract, which is solely between the Buyer and the Seller. The Seller, as the only seller of the Artworks, is exclusively responsible for all obligations related to the sale.
The Seller's general terms of service, legal provisions, and contractual obligations apply to the sale contract between the Buyer and the Seller.
2 – Acceptance
No contact information between a Seller and/or a Buyer should be exchanged or disclosed on MYARTSOME. Contact information includes telephone numbers, email addresses, links, social media user IDs, encoded text (containing words such as dot, www, @, etc.), and images featuring such information.
In the event that our algorithm detects such an occurrence, the Client and/or the Artist will be immediately and permanently banned from MYARTSOME without notification. Furthermore, the membership fee and any payments made prior to the event will not be refunded.
To finalize the sales agreement, both the Seller and the Buyer must acknowledge and agree to these general terms of service.
3 – Order/commission
The Platform displays the Artworks for sale by the Seller, including their full biography, statement, exhibitions list, awards, and publications. Each Artwork has a brief description, which includes details such as title, category, technique, genre, style, year, dimensions (width, height, depth, and weight), status and tags (if applicable).
To buy an Artwork, the Buyer needs to follow a specific process. Firstly, they must send a friend request to the Seller. Once the request is accepted and the Buyer pays a membership fee, they can start chatting with the Seller. Upon payment confirmation, the Community Manager will join the Chatroom first, followed by the Seller.
In the chat, the Buyer can express their interest in purchasing available Artworks from the Seller or commissioning new ones. The Seller will provide a price for the artwork(s) and any shipping options (if applicable) to be agreed upon and paid by the Buyer.
Once the Buyer has paid in full, the shipping process will begin (if the Artwork is in stock), or the commission process will start (if the Buyer has ordered bespoke Artworks from the Seller, including specifications, mockups, production and delivery).
4 – Pricing and payment conditions
The Artworks' sale price, displayed on the Platform in EUR, is inclusive of taxes except for shipping costs and options, if applicable.
Delivery methods and related expenses are confirmed during the chat, taking into account the Artwork's characteristics, size, weight, and destination.
The Buyer pays the Artwork's price to the Seller through MYARTSOME's payment services, which may include credit card, bank transfer, or other methods agreed upon by the parties.
The transfer of ownership occurs after the Buyer completes payment for the full price.
5 – Artwork Delivery
The artworks will be shipped by the Seller to the address specified in the order summary form during regular business hours, following the terms and conditions outlined by the carrier selected at the time of purchase.
It is the Buyer's responsibility to acknowledge and comply with the delivery terms and conditions of the artwork carriers.
The Seller is solely responsible for ensuring timely delivery, proper packaging, and compliance with the fit for purpose obligation for the artwork. MYARTSOME cannot be held accountable if the Seller fails to meet these obligations.
Upon receiving the order, the Buyer is obligated to examine the artwork's condition and immediately report any issues in writing to MYARTSOME within 48 hours of delivery (adding photos and videos), who will then inform the Seller.
Each piece of art comes with a certificate of authenticity by the Seller, a payment receipt, and a warranty letter (relevant for some custom-made creations).
6 – Cancellation rights
Once the Buyer has accepted the received Artwork (in line with the description provided on the platform, undamaged, and so forth), the Buyer is not entitled to any withdrawal rights from the Seller.
7 – Protections
The Seller is committed to upholding and executing the legal protections afforded to the Buyer, specifically: the assurance of non-discrepancy and the assurance against concealed flaws.
8 – Force majeure
The presence of exceptional circumstances might lead to a temporary suspension of the sales agreement or, if permanent, result in the termination of the sale.
Specifically, exceptional circumstances or unforeseeable incidents include those commonly acknowledged by the legal decisions of French courts and tribunals, that is, an occurrence beyond the debtor's control, which was not reasonably foreseeable at the time the contract was entered into, and the consequences of which could not be averted by taking suitable precautions.
The party claiming exceptional circumstances must promptly inform the other party of the situation and its resolution.
9 – Intellectual property
The Seller affirms that they are the creator of the Artwork being transferred and that it complies with all applicable laws, regulations, and guidelines while not infringing upon the rights of any third parties.
The Seller commits to ensuring the protection of MYARTSOME and the Buyer and holding them harmless from any claims brought forth by a third party in relation to the Artwork.
Upon the sale, the Seller conveys to the Buyer the physical medium of the Artwork along with the rights to display the Artwork.
Nonetheless, the Seller maintains the moral rights associated with the Artwork as well as the rights concerning its duplication.
10 – Data protection
MYARTSOME collects and keeps the personal data of the Buyer and the Seller for the proper execution of the present TS.
Pursuant to Law No. 78-17 of 6 January 1978 relating to data processing, files and individual liberties, the Buyer has the right to access, modify, rectify and delete personal data concerning him/her processed via the Platform at the time of ordering, as well as the right to oppose the communication of such data to third Parties for just reasons by sending a request to the following address: firstname.lastname@example.org.
The personal data provided by the Buyer and the Seller will be destroyed at the latest six months after the deletion of the Buyer and the Seller accounts.
MYARTSOME reserves the right to keep certain data in order to justify, if necessary, the perfect execution of its contractual or legal obligations. The data stored in this way will be limited to what is strictly necessary for the operation of the services.
MYARTSOME undertakes to put in place all the security measures necessary to protect the confidentiality of the information provided by the Buyer and the Seller.
11 – Applicable law
These Sales agreement's standard terms of services (TSs) are governed by French law.
12 – Mediation
Should a grievance arise from one or both Parties, they commit to pursuing a friendly resolution prior to initiating any legal proceedings.
If a conflict emerges between the Seller and the Buyer, it will be settled in line with the provisions applicable to the contract between them, specifically adhering to any rules set forth in the Seller's terms and conditions of sale.
In compliance with the French Consumer Code's provisions regarding the amicable resolution of disputes, the consumer Buyer can bring the issue to the consumer mediator referenced on the website https://www.economie.gouv.fr
Following a written request made by consumers to MYARTSOME, the mediation service can be engaged for any unresolved consumer disagreement.
13 – Legal authority
If no consensus or mediation can be reached, the Parties may bring the disagreement before the appropriate legal bodies. Unless otherwise stipulated by law, when a conflict arises and a harmonious resolution is unattainable, jurisdiction is explicitly granted to the capable courts in Paris, regardless of multiple defendants or the involvement of third parties, including for expedited or preservative proceedings.
14 – Service provider
MYARTSOME is a service powered by EMC, a company registered at Brive-la-Gaillarde, 19100, France, with the SIRET #42810900300072. MYARTSOME is hosted by Moosocial.
Last update: April 3, 2023 (MATS230403)