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Terms and conditions

  1. 1. General presentation

    1. The website artshortlist.com is the property of ART SHORTLIST, a simplified joint-stock company under French law registered in the Paris Trade and Companies Register under number 848 996 476, with its registered office at 69 rue Sainte-Anne 75002 Paris, France. With company capital of € 25,000.
    2. As an online brokerage, ART SHORTLIST offers online buying and selling of artworks. These services do not constitute an electronic auction.
    3. Every person using the services of ART SHORTLIST, declares and recognizes:
      • be of legal age and have full legal capacity to commit to these terms and conditions;
      • have the technical skills necessary for the proper use of the artshortlist.com website;
      • that if he acts as a simple consumer, he has specific rights, rights which he does not benefit if he acts in a professional capacity.
      • to have all the necessary information for the good use of the site artshortlist.com and to have perfect knowledge of the characteristics of the services which are proposed to him.
    4. For its perfect information, the user of the website artshortlist.com has the faculty to save and print if he wishes these terms and conditions.
  2. 2. Definitions

    1. « SELLER »: user of the services of ART SHORTLIST, owner of an artwork or agent of the owner of an artwork, who wishes to sell this one.
    2. « BUYER »: user of the services of ART SHORTLIST wishing to acquire an artwork.
    3. « CONSUMER »: natural person acting for personal purposes that are not part of his professional activity (commercial, industrial, artisanal or liberal).
    4. « PROFESSIONNAL »: natural or legal person acting in the course of his commercial, industrial, artisanal or liberal activity.
    5. « ASSOCIATION »: a legal person other than a consumer or a professional.
    6. « MY ACCOUNT »: accessible environment through the Internet to the user who has made the process of registering on the website artshortlist.com. This private account is a private and confidential place.
    7. « USER »: anyone using the artshortlist.com website as a visitor or registered user.
  3. 3. Object

    1. These terms and conditions are intended to define the conditions of use of the site artshortlist.com.
  4. 4. Definition of the artshortlist.com website

    1. General description of the site activity
      1. Artshortlist.com is an online brokerage platform acting as an intermediary between a SELLER and a BUYER of OTC artwork. As an intermediary, it is expressly stated that ART SHORTLIST does not at any time become the owner of the artwork, the sale intervening only between the SELLER and the BUYER.
      2. Artshortlist.com is not an auction platform. The SELLER is free to conclude a sale of his artwork with the BUYER of his choice.
      3. The website artshortlist.com by connecting its USERS acts as an intermediary to facilitate transactions between BUYER and SELLER under optimal conditions of confidentiality, transparency and price.
      4. It is specified that any SELLER registering on artshortlist.com may submit his artworks free of charge ; ART SHORTLIST remains free to accept or refuse to offer for sale an artwork without having to justify its choice.
    2. User registration on the site
      1. It is specified that to benefit from a private account and services offered by ART SHORTLIST, it is necessary to proceed to a registration within the dedicated section for this purpose.
      2. The registration form of a USER contains the information relating to him. This information provided by the new USER as part of his registration must be accurate, complete and up-to-date.
      3. For all modifications and updates of information concerning him, the USER may proceed via the section « My personal information ».
      4. Once the creation of the account, the USER can perform many actions on the site: application for registration of a work, offer to purchase a work in the catalog of Art Shortlist, modification of its information, participation negotiations and exchanges of messages, search for contracts and invoices, list of his favorite works, be informed of the evolution of the price of a work, request for modification of a displayed work.
      5. The USER must ensure that he is the only one to have access to the email address he has chosen by registering on the site. As such, he remains solely responsible for the preservation, preservation and confidentiality of his password and any confidential data provided by ART SHORTLIST.
      6. It is understood that the use of a password on the website artshortlist.com is presumed to have been made by and under the responsibility of the USER to which it belongs.
      7. The account holder can, if he wishes, modify his password or his email address in the section « 
      8. In case of misuse or fraudulent or following a disclosure to a third party of these identifiers and/or passwords, the responsibility of ART SHORTLIST can not be engaged or sought.
      9. The use of an account on artshortlist.com is private, the account holder can not assign, license or transfer his rights as a USER.
    3. Free appraisal and expertise request
      1. The applicant acknowledges being over 18 years old and owning the artwork that he wishes to have assessed and appraised by ART SHORTLIST.
        For this, the SELLER completes the « expertise request form »available on artshortlist.com and must create an account by filling in its contact information so that ART SHORTLIST can recontact it.
        The use of the service of ART SHORTLIST implies unreserved acceptance of the present general conditions. Applicants for estimation and expertise can be of any kind: individuals, professionals or any type of organization.
      2. The opinion delivered by the experts of ART SHORTLIST is done free of charge, consequently, the result of the research conducted by ART SHORTLIST must not, under any circumstances, be considered as a certificate of authenticity or any other document that may be analyze as such.
      3. When requesting an estimate and expertise, the USER does not undertake to sell the work that is the subject of his application.
        If the USER wishes to sell his work, he may make an explicit request to ART SHORTLIST.
      4. Throughout the « expertise request form » of an artwork, ART SHORTLIST gives you advice to optimize the quality of visuals and information provided, therefore, if these tips are not followed, the estimates may be revised downward.
      5. ART SHORTLIST reserves the right to refuse an appraisal and/or expertise without having to justify its refusal
    4. Free registration of an artwork for sale
      1. The SELLER acknowledges being over 18 years old and owning the artwork that he wishes to put on sale through the Site.
        The SELLER completes the « artwork registration form » available on artshortlist.com and must create an account by filling in the contact information so that ART SHORTLIST can recontact it.
        The use of the ART SHORTLIST service implies unreserved acceptance of these general conditions.
        SELLERS on artshortlist.com can be of any kind: individuals, artists, art market professionals, associations, companies or state organizations.
      2. ART SHORTLIST reserves the right to refuse an artwork without having to justify its refusal.
      3. The team of ART SHORTLIST will realize an expertise and an estimation of the work by taking into account the elements appearing on the completed form.
        Once this is done, ART SHORTLIST contacts the SELLER to inform him of his opinion. ART SHORTLIST and the SELLER agree on a desired selling price that will appear on the Art Shortlist catalog.
        This agreement will be found by phone, email or any other means of communication.
      4. ART SHORTLIST draws attention to the fact that the seller is responsible for the information he has provided in the « artwork registration form » of an artwork ; in the event that the information is unverifiable and false, he will be held responsible for any disputes.
      5. Throughout the « artwork registration form » of an artwork, ART SHORTLIST gives you advice to optimize the value of your artwork, therefore, if these tips are not followed, the estimates will have to be revised downwards.
      6. For the putting on line of the artworks, the SELLERS concede to ART SHORTLIST a free license, non transferable photos and descriptions of any nature.
        This license allows artshortlist.com to:
        • reproduce or reproduce all or part of the content provided;
        • to modify, adapt, evolve, update, translate into any language;
        • to represent, broadcast or disseminate the content by any means and/or electronic, computer, digital media and this to all public and for any telecommunications network.
      7. When the artwork of a SELLER is put online by ART SHORTLIST, it will be for a period of one year. This period may be renewed by mutual agreement between the SELLER and ART SHORTLIST.
      8. If the SELLER wishes to withdraw his artwork from the sale before the end of the period of one year, he will be able to do so after a period of two months of putting his artwork online.
      9. When the SELLER takes the step of completing the « artwork registration form » of an artwork, he commits to the exclusivity of the sale of his artwork on the site ; in no case may his artwork be offered for sale by any other means. When the SELLER is an artist or a professional, he can offer his work for sale through other channels. In this case, there is no constraint of exclusivity.
      10. When the SELLER completes the «artwork registration form» of an artwork, he undertakes to fill in all the sections of the form that he is able to specify, in a fair and sincere manner, and to deposit all the original documents in his possession concerning the artwork.
      11. In any case, ART SHORTLIST can not be held responsible for concealment if the SELLER makes put on sale a stolen artwork which would have escaped his vigilance at the time of the setting on line.
    5. Linking between BUYER and SELLER and sales process
      1. Any USER registered on the Site benefits from a dedicated interface including: negotiations as a seller, as a buyer, his documents, his "price evolution alerts", his personal information, a space for modification of the information of the artworks put online, as well as his favorite artworks and artists.
      2. The negotiation and sale take place under the following conditions:
        1. First a BUYER goes on the page of an artwork on the site;
        2. To make an offer, the BUYER has two options:
          • Either he makes an offer at the displayed price; in this case, there is no negotiation with the SELLER. If the BUYER makes the necessary steps thereafter, the artwork will be his.
            Particular case: two buyers make two offers at the same price displayed for the same work, Art Shortlist will determine the buyer who has made his offer first.
          • Either he starts a negotiation with the SELLER by proposing a price lower than the displayed price. In this case, the negotiation begins and it takes place via the dedicated user interface (my buying/sales negotiations).
        3. As soon as an offer is made by a USER, ART SHORTLIST takes care of preventing the SELLER by email and/or by « negotiating messages ». Once he is warned, the SELLER at 48h to give an answer; otherwise, the negotiation will be canceled.
          The BUYER will be contacted by email and/or by « negotiating messages » ; he will then have a period of 24 hours, to provide an answer.
          The SELLER can accept an offer by clicking on the button « accept the offer received ».
        4. In the case where the BUYER wishes to see a work, he must precede his request for an affirmed desire to acquire the work. ART SHORTLIST will be able to organize a physical confrontation of the work with or without the SELLER, in our premises or at the seller's. The possible expenses of displacements of the work for a presentation will be charged to the BUYER.
          ART SHORTLIST can not be held responsible for any damage that occurred during this presentation.
        5. All exchanges between BUYERS and SELLERS are filtered and moderated by ART SHORTLIST in order to preserve the confidentiality and the security of the USERS.
          When a BUYER makes a proposal on line, it is not held by an obligation of purchase; however, its negotiation constitutes a real intention to purchase.
        6. The validation and the officialization of the sale are done by electronic signature, solution proposed by the American company, leader in the sector Docusign. The electronic confirmation can be signed via a smartphone, a tablet or a computer. The BUYER must sign a « purchase confirmation » specifying the financial terms and conditions. For its part the SELLER will sign a « sale confirmation » specifying the financial terms and conditions of the sale of his work. When both confirmations are signed, the transaction is official and must be done.
        7. The BUYER must pay the amount of the agreed price with the SELLER and add the commission charged by ART SHORTLIST which amounts to 10% of this price and a VAT of 20% applicable to this commission of intermediary.
          The BUYER must, in addition, pay if he had asked it to ART SHORTLIST, the cost of carriers, they must be paid directly to the specialized company.
          In the case of a purchase to a professional or an artist subject to VAT, the BUYER will have to pay the applicable VAT of 5.5% to the SELLER. This VAT must be included in the overall payment of the artwork by the BUYER and will be redistributed to the SELLER by ART SHORTLIST.
          The SELLER undertakes in the context of a transaction, to provide the BUYER with the intermediary of ART SHORTLIST, an invoice mentioning this VAT of 5.5%.
        8. When the payment will be received by ART SHORTLIST, the BUYER and the SELLER will be informed via the negotiation section of the site and/or by email.
          The SELLER can then proceed to the delivery of the work to the BUYER for that, there will be two possibilities:
          • Either the BUYER has made the choice of a personal delivery ; in the event that the SELLER does not wish to meet the BUYER, ART SHORTLIST could serve as an intermediary to deliver the artwork to his BUYER;
          • Either the BUYER wished to benefit from a delivery service of artworks ; the BUYER and the SELLER will be able to follow the evolution of the delivery on the negotiation space;
        9. Upon receipt of the artwork, the BUYER must confirm the condition of the artwork in the section provided for this purpose in « the buyer profile », he will have to click on the button « validate the state of the artwork ».
          Clicking on « validate the state of the artwork »commits the BUYER to the condition and the good reception of the artwork. The BUYER can not ask for a refund or other change after the activation of this button (except legal exception in application of the right of retraction, cf 7.).
        10. The SELLER must confirm with the button « confirm the delivery of the artwork » that the work has been hand-delivered to the BUYER, this double validation by both the BUYER and the SELLER acts as proof of acceptance of the transaction. The validation of the BUYER is sufficient to finalize the transaction.
        11. Once the work received and the state confirmed by the BUYER, ART SHORTLIST will proceed to the payment of the SELLER by bank transfer, after having taken the amount of its commission capped at 10% of the price agreed with the BUYER plus VAT (20% the amount of the commission). The SELLER must provide his bank details to ART SHORTLIST by email.
          The payment period may vary depending on several factors: number of transactions to be processed by ART SHORTLIST, processing transfers by banks. In all cases, ART SHORTLIST undertakes to process the payments as soon as possible.
        12. The bank in charge of the account of the company ART SHORTLIST is the Bank Michel Inchauspé
          - BAMI.
          SIRET number 31221431500011, based 13 place Floquet, 64220 Saint Jean Pied de Port. It general directorate is located on the Rond-Point de Maignon, Avenue du 8 Mai 1945, 64100 Bayonne
        13. After confirmation of the sale by electronic contract, ART SHORTLIST will issue an invoice in the name of the BUYER and the SELLER. This invoice can be consulted at any time in the user area, section « My invoices ».
      3. The SELLER undertakes to provide the BUYER with all the documents in his possession allowing the transfer of ownership of the artworks sold
      4. In any case, a BUYER will not make any offer if he is unable to pay the amount.
      5. The company ART SHORTLIST can not be held responsible for any breakage or damage occurring during a transaction, a transport of work by a carrier or hand delivery between SELLER and BUYER.
        If a problem such a type would occur, the insurance of the SELLER if it is insured or that of the transporter could be led to take care of this type of disaster.
    6. Transport and delivery of artworks
      1. The transportation costs of artworks sold on the Site are the responsibility of the BUYERS
      2. Art Shortlist realizes quote requests for its BUYERS and undertakes to submit them as soon as possible.
        BUYERS can request quotes for a delivery before making an offer to a SELLER.
      3. ART SHORTLIST disclaims all liability for damage suffered during the delivery of artwork or storage: breakage, damage, delays, thefts...
    7. Details concerning the payment of commissions
      1. Any difference related to changes in exchange rates, bank fees and/or expenses of any kind related to the sale, in particular between the agreement of the SELLER and the BUYER and the formalization of the sale, will be the responsibility of the SELLER or the BUYER according to the party that will cause these variations.
    8. Cookies
      1. artshortlist.com has cookies. A cookie is a text file saved on the terminal (computer, tablet or smartphone) during a visit by a USER. It aims to collect information about the user's navigation, to find his preferences and suggest personalized services.
      2. Cookies are without damage to the USERS.
      3. The USER is free to accept or refuse cookies by configuring his browser.
  5. 5. Opposability to terms and conditions

    1. The USERS of artshortlist.com can benefit from the services of the platform only subject to the acceptance of these terms and conditions.
    2. USERS accept these conditions by checking the box provided for this purpose at the time of their registration on the Site.
    3. ART SHORTLIST reserves the right to modify these terms and conditions at any time.
    4. ART SHORTLIST will date the terms and conditions at each modification and inform users by e-mail.
    5. Each USER is free not to accept the new general conditions of sale by requesting ART SHORTLIST to close his account. However, he remains responsible for any use prior to the deletion of his account.
    6. Each USER may consult the terms and conditions on the Site under the heading « Terms and conditions ».The USER can ask to receive the preceding terms and conditions by making the request to the following address:contact@artshortlist.com
  6. 6. Resale right

    1. The resale right is an inalienable and inalienable right held by the author of a work of art that gives him the right to be financially interested in the successive resales of a work of art that he has created. the SELLER acts within the framework of his professional activity, he will be indebted of the payment to the artist concerned of the right of following which can return to him.
      In default, if the BUYER acts within the framework of his professional activity, he will be indebted the payment of the resale right to the artist concerned.
      It is specified, which is acknowledged and accepted by any USER of the site, that ART SHORTLIST is released from any responsibility towards the artist concerning the payment this right of continuation.
  7. 7. Right of withdrawal

    1. The BUYER, having the quality of CONSUMER and remaining on the French territory, has a deadline of fourteen clear days, as from the reception of the work, to exercise its right of retraction without having to justify motives or to pay penalties, except for return fees. If the period of fourteen days expires on a Saturday, a Sunday or a holiday or holiday, it is extended until the next business day.
      In case of exercise of the right of withdrawal, the SELLER refunds the price the work as soon as possible and at the latest within fourteen days following the exercise of this right.
  8. 8. Responsibility of the USER

    1. Each USER agrees to use the services set up by ART SHORTLIST in accordance with all these terms and conditions.
    2. The USER undertakes never to commit acts that may harm the computer security of ART SHORTLIST or other USERS of the platform.
    3. The USER expressly releases ART SHORTLIST from any liability in the event of litigation for any damage and any claim, presumed or not, noticed or not, resulting directly or indirectly from the advertisements put in place on the Site.
    4. The USER agrees to indemnify ART SHORTLIST, in case of action, complaint, prosecution, conviction resulting from the non-compliance with the general conditions by the USER.
  9. 9. Responsibility of ART SHORTLIST

    1. In any case, ART SHORTLIST can not engage its responsibility concerning the origin and the authenticity of an artwork put on line on its platform of sale
    2. ART SHORTLIST can not be held responsible for impossibilities or temporary difficulties of access to the Site due to disruptions of the telecommunication network.
      The USER acknowledges being aware of possible hackers or virus intrusions that may occur on the Internet; consequently, ART SHORTLIST can not guarantee an absolute security of its Site considering these elements.
    3. ART SHORTLIST disclaims any liability for breaches of computer security that may cause damage to USERS media and computer hardware and their data.
    4. Except fault or negligence on it part, ART SHORTLIST can not be responsible for any infringement of the rights of the USERS and the confidentiality of their personal data
    5. ART SHORTLIST can not under any circumstances be held liable in the event of litigation or dispute between BUYER and SELLER
    6. In case of doubt about the legality of the sale of a work, ART SHORTLIST undertakes to make adequate declarations to warn the competent authorities.
  10. 10. TRACFIN / Fraud and Money Laundering

    1. As part of the strengthening of the regulation on the circulation of cultural property and the fight against fraud, ART SHORTLIST undertakes to warn the competent authorities. Any significant doubts about the origin of a work submitted by a SELLER will be transmitted to the services of police and gendarmeries.
    2. In addition, ART SHORTLIST warns its USERS: any act of forgery, swindle or theft is a criminal offense punishable.
  11. 11. Personal data

    1. Personal data must be entered at the time of registration of a USER on the platform. The latter will always be able to modify these.
    2. Every USER expressly agrees that the data collected during his registration on the Site may be communicated or transmitted to commercial partners, such as specialized transporters.
    3. The personal information collected by ART SHORTLIST aims to:
      • to facilitate the connection between BUYER and SELLER and to simplify communications;
      • organize negotiations, transactions and deliveries.
    4. ART SHORTLIST undertakes to use the personal data of these USERS only for the reasons mentioned in 11.3.
    5. By accepting these terms and conditions, you acknowledge having read our privacy policy.
  12. 12. Intellectual property

    1. ART SHORTLIST and its USERS undertake to respect the copyright and the rights inherent in the works sold on the Site.
    2. All rights of the authors of protected works reproduced and communicated on artshortlist.com are reserved. The artist retains copyright on his own creation. The rights of reproduction and representation of the works sold on the Site belong to the artist and ART SHORTLIST. For any exploitation of these rights, their joint authorization is necessary.
    3. Any program, graphic element, service, process, concept, non-commercial software, contents of the databank, technological element as well as all the services proposed by the company ART SHORTLIST are and remain its full property.
    4. Recall that as specified in 4.4.6, the SELLER grants a license to ART SHORTLIST, it will remain in force until the sale.
    5. SELLERS and BUYERS accept without reserve, the use of the visual blur of a work after its purchase or sale, for a variable and indefinite delay fixed by ART SHORTLIST.
      Worksheets sold and their information will however not be visible by the visitors and the USERS of the Site.
    6. All USERS undertake to respect the intellectual property rights relating to the works and their data.
    7. ART SHORTLIST can not, in any case, be held responsible if all or part of the content of the works was returned or reposted on websites or any other media, without his knowledge and without written authorization from it.
    8. The USERS undertake never to reproduce, modify or store reproductions of the works sold on artshortlist.com, and this on any type of support.
  13. 13. Convention of proof

    1. The general conditions are only accepted online by the USERS and are therefore opposable. Online acceptance on artshortlist.com has the same probative value as an agreement on paper.
    2. The communications made through the Site and the exchanges of electronic mails are modes of communication validly admitted as proof by ART SHORTLIST as by the USERS.
    3. All the information stored in the ART SHORTLIST databases has the same probative value as a written document signed on paper, as much for the content as for the date and time at which they were made and/or received.
      These traces are unalterable, reliable and safe, they are preserved in the computer systems of ART SHORTLIST.
    4. The USERS recognize that the following elements are evidence : emails, connections, navigation data and connection.
  14. 14. Applicable law

    1. These general conditions are governed by French and European law.
  15. 15. Authentic language

    1. The authentic language recognized by ART SHORTLIST and its USERS is French. The French language prevails over all others on the Site: in case of litigation, dispute, difficulty of understanding or execution of the general conditions.