To enable you to make the best possible use of our services, please read these terms and conditions of use;

angel arts set up on www.angelarts.shop (hereinafter the “Site”), an e-commerce application enabling artists (the “Sellers”), after registering, to be put in contact with buyers using the Site (the “Buyers”) for the purpose of selling works of art of which they are the authors (the “Works”).

We inform you that the Site is the property of the company angel arts (hereinafter
angel arts
a company whose head office is located at 24 rue Morère 75014 – Paris, registered with the Registry of the Paris Commercial Court under number 309 010 528 and whose managing director is Mr Didier Bierjon.

The application is hosted by Itis commerce Lyon 69009 under presta.shop.

For any information relating to the Site and its operation, please send your request to

at the following address contact@angelarts.shop

A – CGU CONCEPT

The purpose of the GCU is to determine the rules for use of the Site by the Seller, as well as the obligations of angel arts and the conditions under which
angel arts
provides Sellers with technological tools enabling them to offer their Works for sale.

The Seller undertakes, each time he visits the Site, to comply with these GCU applicable to all services and content available on the Site.

Consequently, the Seller accepts, without reservation, the present GCU in their entirety prior to any use of the Site and its services.

The mere use of the Site automatically implies acceptance by the Seller of the present GCU.

Sales made via the Site between Buyers and Sellers are governed by the General Terms and Conditions of Sale (hereinafter the “GTCS”), which must also be accepted by the Seller and the Buyer at the time of each transaction and which are available at www.angelarts.shop.

B – AMENDMENTS TO THE CGU

angel arts
reserves the right to modify the GCU at any time in order to take into account any necessary legal, jurisprudential, editorial, functional and/or technical changes.

The version of the GCU that prevails is the one that is accessible and downloadable online on the Site on the day of use by the Seller and available at www.angelarts.shop.

Any use of the Site made by the Seller after the publication of the modified GTUs implies acceptance by the latter of the said GTUs.

C – SERVICE DESCRIPTIONS

The Site offers Sellers an e-commerce service enabling them to list and offer for sale their Works at a price set by them, to accept purchase offers from Buyers, to collect the sale price, to organize delivery of the Works and to manage after-sales service for the Works sold.

Sales made through the Site are concluded directly between the Buyer and the Seller.
angel arts
is in no way a reseller of works offered by Sellers through the Site.

angel arts
acts as a mere intermediary for the sole purpose of making the Site available to bring Sellers and Buyers together.

As a result,
angel arts
is not a party to the contract, which is concluded solely between the Buyer and the Seller, who is the sole seller of the works and is solely responsible for the obligations arising therefrom.

D – ACCESS TO SERVICES

Use of the Site and its services implies acceptance of these terms and conditions and requires the creation of a Seller’s account giving access to a “Back-office” enabling the Seller to complete information about himself and his Works, to conclude sales and to benefit from payments.

The Vendor must provide accurate identification data.

If acting as a non-professional individual, the Seller must provide :

• o An identity card valid in the country of residence
• o Proof of address
• o Bank details
• o An e-mail address
• o A telephone number
• o A username and password
• o CV
• o A brief description of its business
• o Awards received
• o Any exhibitions in which he has participated.

If acting in a professional capacity or in the name and on behalf of a legal entity, the Seller must provide :

• o A copy of the identity card of the company’s legal representative
• o Kbis of the legal entity less than 2 months old
• o RIB of the legal entity
• o An e-mail address
• o A telephone number
• o A username and password
• o Seller’s CV
• o A brief description of its business
• o Awards received
• o Any exhibitions in which the Seller has participated.

angel arts writes a descriptive biography of the Seller. The Seller is free to request angel arts to modify this descriptive biography at any time.

If acting in a professional capacity, the Seller must identify itself to Buyers as acting in such capacity.

He then undertakes to comply with the legislation applicable to this commercial activity (in particular identification obligations, accounting, social and tax obligations and any obligations owed to the consumer in his capacity as a professional Seller).

The Seller submits to
angel arts
via its Seller account, the works it wishes to offer for sale on the Site and
angel arts
reserves the discretionary right to decide whether or not to put the Work up for sale on the Site.

The Seller’s account is only visible on the Site once at least one work has been proposed by the Seller and validated by
angel arts
.

E – PRINCIPLES RELATING TO WORKS

The Seller warrants
angel arts
that he is the sole author of the Works he offers for sale on the Site.

The Seller undertakes to offer on the Site only Works available for sale and to indicate without delay in his space any offer relating to Works which are no longer available.

The description provided by the Seller to angel arts with each of its Works includes at least one photograph of the Work (except for sculptures, which must be illustrated by 4 images), a brief description of the Work and information on its type, dimensions, weight and nature.

The Seller guarantees that the Works do not contravene any laws, regulations or standards in force and that they do not infringe the rights of third parties.

In this respect, the Seller shall refrain from offering for sale any infringing work and guarantees
angel arts
from any action that may be brought by the Buyer or by any third party, including potential rightful claimants to the Work, and from any condemnation that may result from such action.

To this end, the Vendor will provide the Buyer with a certificate of authenticity for the Work sold.

The Seller also sets the selling price of the Work inclusive of VAT (excluding delivery charges).

The Seller guarantees the accuracy of the information submitted to
angel arts
as well as the non-misleading nature of the illustrations of the Work, and undertakes to ensure that they are not likely to mislead potential Buyers, either as to the characteristics or the condition of the Work.

F – SELLING WORKS ON THE SITE

When a Buyer wishes to acquire the Work,
angel arts
informs the Seller via the Seller’s account, an e-mail or a text message.

The Vendor has 48 hours from receipt of a Buyer’s intention to purchase to inform
angel arts
of the availability of the Work and of its own availability to deliver the Work to the carrier designated by
angel arts
.

In the absence of a reply within 48 hours, the sale is not concluded and will be cancelled by
angel arts
.

If the Seller has, within 48 hours, confirmed the availability of a Work ordered by a Buyer, it undertakes not to sell the Work to a third party for 3 working days from the date of validation of its availability.

The Work is then designated on the Site as “sold” and the number of remaining copies of the Work is indicated.

If after 3 working days
angel arts
has not validated the order by confirming receipt of payment, the order will be cancelled and the advertisement will once again be visible on the Site, showing the work as available.

Si
angel arts
has confirmed receipt of payment within 3 working days, the sale is deemed to have been concluded under the terms of the General Terms and Conditions of Sale accepted by the Buyer and the Seller and accessible atwww.angelarts.shop .

angel arts
will then inform the Seller of the delivery terms and conditions that will enable it to pack and ship the Work.

The Seller therefore undertakes to entrust the Work to the carrier designated by
angel arts
under the conditions described in article 8.

G – SELLING PRICE AND PAYMENT TERMS

It is agreed that the price inclusive of VAT paid by the Buyer is the price set by the Seller, to which may be added the delivery price set by
angel arts
.

It is up to the Seller to set the sale price of the work, taking into account any taxes and deductions for which he alone is liable and the commission to be taken by
angel arts
.

angel arts
assumes the cost of transportation, but authorizes the seller to assume the cost of transportation at its request.
angel arts
reserves the right to invoice the Buyer for these costs at the time of payment.

angel arts
is entrusted by the Seller with the collection and invoicing.

The Seller accepts the use of payment services provided by
angel arts
whose terms and conditions of use are available at the address of the respective services and provided at the Vendor’s request.

angel arts
will pay the Seller the balance of the sale price, i.e. less the commission of
angel arts’ commission
at least 21 days after delivery of the artwork by the Seller to the carrier.

The price of the retrocession to
angel arts
is set at 30% excluding delivery and 35% including delivery.

The Seller expressly waives the right to claim the benefit of any interest generated by the temporary immobilization of amounts received in connection with the transaction.

In return for its services,
angel arts
will invoice the Seller a commission of 50% of the price paid by the Buyer, excluding delivery charges.

The 50% commission charged by
angel arts
corresponds to the invoicing of a service, and as such is subject to a VAT rate of 20% in France.

H – DELIVERY METHOD

angel arts
and the Seller agree, for each Work, on the delivery methods envisaged and the packaging costs before any expenses are incurred.

When the Seller receives a Buyer’s intention to purchase, the Seller indicates, for each Work, the times when the Work is available for collection by a service provider designated by
angel arts
at the address indicated on the Seller’s account.

Once the sale has been confirmed by
angel arts
the Seller sends a photograph of the packaged Work so that
angel arts
to ensure the conformity of the packaging.

angel arts
is free to refuse delivery of the Work if the packaging does not meet the criteria set by
angel arts
with the carrier.

The Seller undertakes to respect the dates agreed with the carrier for the collection of the Work.

This method of delivery is compulsory for all Works offered for sale on the Site.
angel arts
insures the Works for the duration of the transport.

The Vendor is bound by his obligations to respect deadlines, guarantee quality packaging and ensure the conformity of the Work delivered.

I – CANCELLATION

In accordance with the legal provisions in force, the Buyer has a period of 14 days from receipt of the Work to exercise his right of withdrawal from the professional Seller, free of charge and without giving reasons.

The Buyer exercises his right of withdrawal with
angel arts
by sending an e-mail to the following address contact@angelarts.shop at the expense of
angel arts
to notify the Seller by e-mail.

angel arts
will then deal with the Buyer’s request for retraction and reimburse the Buyer within 14 days of the date on which
angel arts
was informed of the Buyer’s right of withdrawal.

Reimbursement will be made only for the price of the Work paid by the Purchaser.

J – INTELLECTUAL PROPERTY

Over and above the guarantees owed by the Seller relating to the rights over the Works and the free disposal of the same, as set out in article 5 above, the Seller authorizes
angel arts
to use these Works and to reproduce them on the Site for the purposes of executing these GCU.

As such, the Seller transfers to
angel arts
without geographical limit and free of charge, the right :

– to reproduce, publish, edit and use on a temporary or permanent basis, directly or indirectly, in full or in excerpts, alone or in association with other Works, by any process whatsoever and on any medium whatsoever, the Works.

– to communicate to the public, to represent, to broadcast the Works in full or by excerpts, directly or indirectly, by any means of communication to the public and in particular by television broadcasting, radio broadcasting, electronic communication on all networks.

The transfer of rights to the Works is granted solely for the purposes of publication on the Site, but also for communication and marketing purposes within the broader framework of the activity of
angel arts
.

This session is granted for the duration of the contractual relationship between
angel arts
and the Seller.

angel arts
is the exclusive owner of all intellectual property rights relating to both the development of the Site and its content, unless expressly stated otherwise.

The Site, trademarks, drawings and models, images, texts, photos, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design and any other content available on the Site, with the exception of images, texts and photos supplied by the Seller, and although this list is not exhaustive, are the exclusive property of angel arts and are protected by the provisions of copyright, trademark law, patent law and any other intellectual or industrial property right in force.

These GCU do not entail the transfer of any intellectual property rights to the Vendor in respect of the development or content of the Site.

The Seller is granted a non-exclusive, non-transferable right to use the Site for private purposes.

angel arts
respects the moral rights of the Seller, which are imprescriptible and inalienable, and undertakes to respect the Seller’s right of paternity by mentioning the name of the Author on each of its reproductions on one of our communication media.

angel arts
also undertakes to comply with the Seller’s requests relating to the right of integrity, the right of disclosure and the right of repentance or withdrawal of its Works.

K – SELLER’S OBLIGATIONS

The Seller undertakes to provide a quality service to Buyers.

In this respect, any Buyer has the possibility of reporting a complaint concerning the Works.

In the event of a complaint by a Buyer concerning a Work,
angel arts
will inform the Seller of the complaint by e-mail.

The Vendor is solely responsible for resolving any dispute with the Buyer, excluding the right of withdrawal, which is handled by
angel arts
.

Disputes are settled directly between the Buyer and the Seller, if the dispute arises from a breach of the obligations associated with the sales contract between the Seller and the Buyer.

The Vendor shall use its best efforts to resolve the dispute amicably.

The Seller agrees to respond to emails or SMS from
angel arts
within 5 days of receipt.

The Seller undertakes to consult at least once a day the emails received at the address provided to
angel arts
.

The Seller undertakes to respond to calls from
angel arts
.

When opening an account, the Seller undertakes to provide only accurate information and to update said information without delay via his Seller account.

The Vendor is solely responsible for the safekeeping of these logins and passwords and for ensuring that they are kept confidential.
angel arts
cannot be held responsible for any use of the Seller’s account by a third party.

L – PERSONAL DATA

Pursuant to the French Data Protection Act no. 78-17 of January 6, 1978, the Vendor has the right to access, modify, rectify and delete any personal data concerning him or her processed via the Site, as well as the right to object to the communication of such data to third parties for just cause by sending a request to : contact@angelarts. shop

angel arts
will use this data for the performance of its services as well as to reinforce and personalize its communication, in particular through newsletters/emails, and finally to personalize the Site according to the Sellers’ preferences.

Personal data communicated by the Seller will be destroyed no later than six months after the account has been deleted.

angel arts reserves the right to retain certain data in order to justify, if necessary, the fulfilment of its contractual or legal obligations. Data stored in this way will be limited to what is strictly necessary for the operation of the service.

angel arts
undertakes to take all necessary measures to protect the confidentiality of information provided by Sellers.

M – DURATION AND TERMINATION – ACCOUNT SUSPENSION

These GCU apply throughout the commercial relationship between the Parties, the duration of which is indefinite.

angel arts
and the Seller are free to terminate the contract at any time, subject to informing the other party by e-mail atcontact@angel arts.shop

The Seller account will be deactivated by
angel arts
within a maximum of one month from the date of sending of the termination email by either party.

In case of suspected fraudulent use of the Seller’s account,
angel arts
reserves the right to immediately suspend its services and the activity of the Seller’s account while it obtains from the Seller the answers necessary for the resumption of its activity.

Failing to obtain a sufficient response to its questions within one month of its request,
angel arts
may terminate the present contract and deactivate the Seller’s account.

Once the Seller’s account has been deactivated, the Seller will regain full possession of the rights assigned to the Works and
angel arts
will pay him the balance of his credit account, if any.

N – RESPONSIBILITY OF angel arts

angel arts
is a third party to the contract of sale between the Seller and the Buyer and shall not be held liable for any damages related to the contract between the Seller and the Buyer.

Furthermore, in the relationship with the Seller,
angel arts
cannot be held responsible for :

failure or impossibility of access, or poor conditions of use of the Site; any loss of data, time, opportunity and/or any other indirect damage related to the use of the Site.

In any event, except in the case of gross negligence, wilful misconduct or fraud, the total and maximum liability of angel arts in respect of the use of the Site is limited, all events taken together, per calendar year, and whatever the legal basis of the claim and the procedure used to bring it to a successful conclusion, to 10% of the amount of commissions received in respect of transactions carried out by the Seller over the last 12 months.

O – SELLER’S LIABILITY

The Seller is solely responsible for the consequences of the completion of the Sale.

As such, it guarantees
angel arts
from any and all claims and/or convictions that may arise from the sale of the Work.

The Seller also guarantees
angel arts
from any claim and/or condemnation which could be related to the use of the Work and which could be brought by a third party claiming rights on the Work.

The Seller will therefore bear any costs incurred by
angel arts
in any proceedings brought against it as a result of a breach of the Seller’s obligations.

P- TECHNICAL ASSISTANCE

angel arts
provides Sellers with a service able to provide all the information required to use its services.

The Seller may contact customer service at the following address:contact@angel arts.shop

Q – ENTIRE CONTRACT

These Terms and Conditions constitute the entire agreement between
angel arts
and the Seller and supersede all prior agreements, written or oral, relating to the subject matter of the TOU.

Any additional or different terms and conditions relating to the subject matter of the TOS and contained in any written or oral communication to
angel arts
will be null and void.

R – DIVISIBILITY

If, for any reason and to any extent whatsoever, any provision of these TOU should be held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining provisions of these TOU, and the affected provision shall be enforced to the fullest extent permitted by law.

S – FORCE MAJEURE

In the first instance, cases of force majeure will suspend the execution of the general conditions of use.

In the event of force majeure lasting more than two months, these GCU will be automatically terminated, unless otherwise agreed by the parties.

Force majeure and fortuitous events are expressly considered to be those generally accepted by the jurisprudence of French courts and tribunals.

T – APPLICABLE LAW

These GCU are governed by French law.

This applies to both substantive and formal rules, notwithstanding the place of performance of the obligations arising from these GCU.

U – COMPETENT JURISDICTION

In the event of a claim by one or both parties, they undertake to work together to find an amicable solution prior to any litigation.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the consumer seller may refer the matter to the consumer mediator referred to on the https://www.economie.gouv.fr/mediation-conso website.

After prior written request from the consumer to
angel arts
the mediator’s service may be contacted for any consumer dispute which has not been settled.

The seller may also submit any complaints to the dispute resolution platform set up by the European Commission at the following address:“https://ec.europa.eu/consumers/odr/main/event=main.home.show”.

The European Commission will transfer the member’s complaint to the notified competent national ombudsmen.

If no agreement or mediation is possible, the parties may refer the dispute to the competent courts. Unless otherwise stipulated by law, in the event of a dispute and in the absence of an amicable solution, jurisdiction is expressly assigned to the courts of Paris, notwithstanding plurality of defendants or the introduction of third parties, even for emergency or conservatory proceedings, in summary proceedings or by petition.

If no agreement or mediation is possible, the parties may refer the dispute to the competent courts. Unless otherwise stipulated by law, in the event of a dispute and in the absence of an amicable solution, jurisdiction is expressly assigned to the courts of Paris, notwithstanding plurality of defendants or the introduction of third parties, even for emergency or conservatory proceedings, in summary proceedings or by petition.