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General Terms and Conditions of Use and Sale
1 - Object
- The purpose of the website aquarelleonline is the exposure of artistic works which can take various forms: photographs, paintings, watercolors, sculptures or all other types of artistic works in order to make known them and , when appropriate, to connect amateur or professional artists, galleries or in a general way exhibitors with possible purchasers.
- Aquarelleonline is a virtual art gallery which allows its members to expose, to sell or buy artistic works and, possibly, supplies for artists and equipment for art via the "classified ads".
- They also apply to all the users and potential buyers.
2 - Registration
- To become a member of aquarelleonline, simply register on the website using the ad hoc form, which must be fully completed.
- When registering to aquarelleonline, a member gets at his disposal a unique identification and an access code, which are strictly personal and which he engages to keep confidential. A registered member is the only one having the right to use his identification and his access code on aquarelleonline.
- If you ever forget your password, select «demander un nouveau mot de passe» from the registration log on screen; .by following the procedure you can create a new password for your account.
- Members must be aged at least 18 years and must provide full contact information.
- Only website Members can display their works, post classified ads, give events concerning Arts, create an online gallery, buy and sell.
3 - Acceptance
- All actions taken by members on aquarelleonline website implies full and whole acceptance of the General Terms and Conditions of Use and Sale.
4 - Failure to General Terms and Conditions of Use and Sale
- After the request for accordance with these Conditions and no acceptable response received in the event of failure by the member to fulfill the respect of current laws and regulations, the respect of third party rights particularly intellectual property rights such as copyrights and trademarks, these Terms and Conditions of Use and Sale, aquarelleonline reserves the right to take any appropriate action including the removal of contents in contradiction with the above provisions, to block or restrict access to any aquarelleonline resource at any time and without notice, to remove temporarily or permanently the offender from aquarelleonline membership list.
5 - Responsibility
- Aquarelleonline does not intervene in the drafting of personal ads, is not involved in transactions between buyers and sellers and in shipments.It does not transfer the ownership of works of art, supplies or equipment from seller to buyer. the sales transactions and the delivery terms are concludes directly between the buyer and the seller.
- Aqurelleonline does not have any control over the relevance, the source, the legality of the works of art, supplies or equipment on display, the accuracy of the description of the works and the classified ads, the capacity of the seller to sell and deliver said properties or the capacity of buyers to pay for said properties.
- Prices and delivery terms are determined by the selleur under his sole responsibility.
- Aquarelleonline can claim no responsibility for any problems in the procedure of the sale.
- At least, aquarelleonline could not provide any assurance that the sale concludes under normal conditions, and cannot be considered as responsible for any point of contention that may occur between sellers and buyers.
6 - Commitments
6 - 1 Commitment of aquarelleonline
- Aquarelleonline is doing its best to ensure the safety of the website, access to the different services and their good working order, however can not guarantee a continuous and secure access to its services. Indeed, the proper functioning of the site may be affected by numerous factors beyond aquarelleonline's control.
6 - 2 Commitment of exhibitor: professional artist or not professional, art gallery, seller, others
- He undertakes to use the aquarelleonlie and its services in accordance with these general Conditions of Use and Sell.
- He is responsible for the accuracy of the content.
- He undertakes to:
- Publish sincere and precise information and photos.
- Publish the price of the work off delivery
- Deliver in the strict respect for the conditions fixed by himself to the site,
- Pack the works or the supplies or the equipments in an adequate packaging allowing to protect the integrity of its contents, in particular by taking into account the fragility of the transported object,
- send the works or the supplies or the equipments bought through a national or international department of distribution with deliveryof the package against signature, except in case the work is removed from the place of residence of the seller
- He undertakes not to:
- Break laws, the rights of author and third parties,
- Publish false, erroneous or deceitful information,
- Publish offensive, racist, slanderous or pornographic information,
- Omit to deliver the works or the supplies or the equipments which were bought from him, unless the material conditions of delivery are not performed in the country of residence of the buyer,
- Interfere in the exposures or the announcements of the other members,
- Publish contents which are similar to advertisements,
- Offer for sale on aquarelleonline a work or a supply or a equipment if it is not legally necessary in situation to conclude a contract,
- Offer for sale stolen works, supplies or equipments or witch the origin is unclear,
- To damage aquarelleonline.
6 - 3 Commitment of the buyer
- The buyer recognizes that his acceptance of the offer is made considering the description as well as the further information obtained with the seller on the work, the supplies or the equipment which he buys, and that his acceptance is worth firm commitment to contract with the seller in the conditions of the offer and of the delivery.
- He undertakes to
- Pay the works or the supplies or the equipments which he bought,
- He undertakes not to:
- Break the laws, the copyright and third parties,
- Damage aquarelleonline.
6 - 4 Commitment of the seller artist (professional or not professional) and of the buyer:
- They make a commitment to exchange between them and possibly to conclude sales or purchases of the works exposed on aquarelleonline by e-mail via aquarelleonline only under their pen name.
6 - 5 Commitment of the art gallery and the buyer:
- They can exchange between them and possibly conclude sales or purchases of the works exposed on aquarelleonline by e-mail via aquarelleonline or by personal contact,
6 - 6 Commitment of the seller (professional, not professional or art gallery) and of the buyer:
- He undertakes:
- Not to use automatic systems to reach the services of aquarelleonline,
- Not to use mail chains or systems in pyramid,
- Not to introduce viruses into the system aquarelleonline
- Not to get back information on the members without their express consent,
- Not to get back contents of aquarelleonline to reuse them somewhere else,
- Not to make any actions susceptible to damage the systems of evaluation,
- Not to copy, to reproduce, to make inverse engineering, to modify, to create derived works, to distribute or to reveal information from aquarelleonline without the express consent preliminary and written by aquarelleonline or, if required, by that of the concerned third parties,
- To conform to all the laws and the regulations applicable to any sale, any purchase, or any delivery of work, supply and object sold in his own country or in any other state.
7 - Description of the service
- Usage of any service of aquarelleonline requires to be a member of aquarelleonline.
7 - 1 Exhibiting
- Every member, professional or not artist, can exhibit one or several works by seizing at least the compulsory information asked during posting the work on aquarelleonline web site (wording followed by an asterisk), in particular a photo showing clearly the work.
- The work must be classified in the region which it represents or symbolizes and the description of the work has to reveal among other thing a description succinte of the region which it represents.
- The exhibition necessarily has to contain the price of the work inclusive of all taxes.
- The sold works must be immediately removed from the exhibition by the seller.
- The potential buyer can ask for further information to the seller by exchange of e-mails via aquarelleonline.
7 - 2 Favorite works
- Every month the most consulted works are emphasized in this section
7 - 3 New work
- The last five installed works are highlighted in this section
7 - 4 Art Galleries
- The member galleries are highlighted in this section.
- The order of display is random.
- The section "galleries" and the sub-section " all the galleries " allow to reach the specific page listing all the registered galleries.
- An art gallery can subscribe and so create its own space deprived being able to contain a number of work limited to 20 and, where necessary, a link with its own web site.
- The subscription can be concluded for 3 months, 6 months, 1 year or 2 years. Any begun subscription is altogether due until its term.
- For every work the member gallery has to seize at least compulsory information asked during posting the work on aquarelleonline web site (wording followed by an asterisk), in particular a photo showing clearly the work.
- The work must be classified in the region which it represents or symbolizes and and the description of the work has to reveal among other thing a description succinte of the region which it represents.
- Every work necessarily has to contain its price including tax.
- The cost of deliveryagainst signature on receipt, is fixed by the gallery after an exchange of direct e-mails or via aquarelleonline the possible buyer and the gallery, aquarelleonline The seller receives the message of purchase order in the messaging of its account, the message relieved on its own e-mail box: he has to submit immediately a tariff proposition to the buyer by clicking the button " finalization of the sale ". Aquarelleonline decline no responsibility in the fixation of this cost.
- The works remain exhibited throughout the duration of their membership. However, the gallery can adding or removing works as it wishes.
- The potential buyer can ask the gallery for further information by exchange of e-mails via aquarelleonline or directly by his personal e-mail.
- The sales of works exhibited by galleries are made off aquarelleonline. They give rise to the taking of no committee on behalf of aquarelleonline.
- The works sold by galleries must be immediately removed from the exhibition.
7 -5 Forum for mutual assistance
- Members or aquarelleonline may use this forum only focused on art.
- A moderator will moderates the forum.
- The moderator warns members, regulates incorrect language, erases contents which have no place in the forum or violate the law or break the explicit or implicit rules of the forum, or are irrelevant.
- The moderator erases without advance notice insults, defamations, and pornographic, racist, inciting to violence or hatred contents.
7 - 6 Classified ads
- Any member can publish classified ads concerning only supplies for artist and equipment for art, by seizing at least the compulsory information followed by an asterisk.
- After the seizure, the member receives an e-mail of confirmation indicating that his announcement will be displayed online within 48 hours, after validation aquarelleonline which will verify the strict respect for the present GTU/CGV.
- Display of works is strictly excluded from this service. All works published on this service will be immediately and without advance notice removed from aquarelleonline.
- When a potential buyer is interested, he contacts the seller by e-mail via aquarelleonline. The latter will answer him by the same way.
- Then sales of supply or equipment are concluded and executed directly between the seller and the buyer off aquarelleonline witch no takes any committees.
- When a supply or an equipment is sold, the seller has to remove it himself from classified ads.
- The announcements of supplies and equipments are removed from the publication three months after their publication, except after request for extension by the announcer.
7 - 7 News
- News were post online by aquarelleonline according to its free choice.
- Any member may propose insertion of a current events: aquarelleonline reserves the right to implement news modifications without notice, (in particular if this news reveals the identity of a member artist of aquarelleonline).
7 - 8 Palettes
- Aquarelleonline proposes a system of purchase of pallets. These pallets can serve only on the site aquarelleonline as means of payment instead of the system Paybox (CB or PayPal.
- The choice of payment by "Paybox" or by "pallets" is completely free.
- Pallets can be bought unitarily or by batch, and their purchase can be settled only by the system "Paybox".
- 1€ for the purchase of 1 pallet: use this lot for any purchase or any balance of purchase lower than 10 after buying the maximum of lots of 20 pallets, then of 10 pallets, according to the number of bought pallets, the basket not applying automatically the distribution. Example: for the purchase of 54 pallets, choose 2 lots of 20 pallets and one lot of 10 pallets and 4 more pallets.
- 8€ for the purchase of a lot of 10 pallets: use this lot for any purchase or any balance of purchase lower than 20 after buying the maximum of lots of 20 pallets, according to the number of bought pallets; complete if necessary the purchase with unit pallet, the basket not applying automatically the distribution.
- 15€ for the purchase of a lot of 20 pallets: use this lot as often as possible, according to the number of bought pallets, and complete if necessary with lots above, basket not applying automatically the distribution.
7 - 9 Buying and selling of art works
- Aquarelleonline acts as a contributor of business. It allows simply the seller and the buyer to get in touch. It intervenes neither in the negotiation, nor in the purchase/sale.
- For access to those services, it is necessary to be a member thus to be registered on aquarelleonline.
- When a member decided to buy a work he can either to buy it immediately by emailing a request to the seller via aquarelleonline, or have a dialogue with him by the same way to ask for precision.
- A purchase must be made for only one work. If the buyer wishes to buy several works from the same artist, he has to repeat the process of purchase for every work, the seller must finalize the sale every time.
- selling/buying process:
- When a member decided to buy a work, he warns the seller through the messaging via his account on aquarelleonline.
- The potential buyer has a button in the work webpage allowing him to send an e-mail to make his purchase order or request détails from the seller via aquarelleonline. The seller always answers him via aquarelleonline. This process can take place several times.
- The seller receives the message of purchase order in the messaging of his account, message relieved to his own mailbox: he has to submit immediately a quote to the buyer by clicking the button " finalisation de la vente ".
- This proposal specifies the definitive price of the work (not more than the price displayed) and the cost of the transport adapted to the delivery address given by the buyer. No cost for the transport if the work is delivered by hand.
- The buyer receives the proposed tariff in the messaging of his account, the message relieved on his own mailbox: if this proposal suits him he pursues the process of purchase by clicking the link of confirmation of purchase in the message: with this action he makes a commitment to pay the seller when this one will get back to him.
- The seller receives this confirmation of purchase in the messaging of its account, message relieved on his own mailbox: the seller has to click the link located in this message of confirmation to be managed on his shopping cart allowing him to pay the commission of getting in touch with the buyer.
- After payment by the seller of this commission, he receives in return, from aquarelleonline, in the messaging of its account, message relieved on his own mailbox the address and phone number of the buyer. Simultaneously, the buyer receives from aquarelleonline in the messaging of his account, message relieved on his own mailbox, the address and phone number of the seller. At this stage, aquarelleonline is relieved of any responsibility concerning the continuation of the events, its only accomplished function having been the getting in touch of the coulpe "buyer - seller".
- The buyer and the seller then get in touch off aquarelleonline, to finalize the payment of the work to the seller by the buyer and the sending of the work to the buyer by the seller.
7 - 10 Litigations
- Aquarelleonline does not intervene in the dispute settlement who could arise. The strict respect for the procedures allows to avoid the disputes. The possible disputes occuring after the getting in touch between the buyer and the seller are no more responsibility of aquarelleonline and must be directly resolved between the seller and the buyer.
8 - Evaluation
- The seller or the buyer if they wish can give their impressions and remarks onto the good progress of the process "purchase / sale" by using the button " Nous contacter " in their respective account.
9 - Sale of any supply or any equipment
- The sales of any equipments and any supplies are directly concluded and executed between the seller and the buyer off aquarelleonline, under the only responsibility of the buyer and the seller.
10 - Aquarelleonline prices services
10 - 1 Exhibition
- The exhibition of the works is free, no matter the number. Change of informations about works are also free.
10 - 2 Buying and selling of works
- It is directly made between the seller and the buyer, aquarelleonline just putting at their disposal a way allowing them to communicate between them. Aquarelleonline does not intervene in these purchase and sale and assume no responsibility at any level (negotiations, sale, transport, sending, reception, etc.)
- The committee of getting in touch " buyer - seller " is function of the work price:
- 5€ or 5 pallets if the price of the work is lower than 100€,
- 15€ or 15 pallets if the price of the work is equal to or greater than 100€ and lower than 500€
- 50€ or 50 pallets if the price of the work is greater than 500€
10 - 3 Sale of any supply or any equipment
- The sale or the purchase of supply for artist or equipment for art concludes from "classified ads" is made off aquarelleonline, with no taking of commission by aquarelleonline.
- The modifications of the information published on classified ads are also free.
10 - 4 Agenda for exhibition
- The publication in the agenda of the temporary exhibitions is free.
10 - 5 Costs of exhibition for art galleries
- subscription cost for art galleries is:
►free for the first year
►for the following years:
- 30€ or 30 pallets for 3-month subscription
- 50€ or 50 pallets for 6-month subscription
- 80€ or 80 pallets for one-year subscription
- 130€ or 130 pallets for 2-year subscription
10 - 6 Paying options
- Promotion to the top of the list
- Each work exposed by professionals or not, each work exposed by art galleries, can be moved to the top of the list in its categories by signing the option "promotion to the top of the list".
- The concerned work stays at the top of list in its categories as long as no same request for another work in the same category is signed. When such an option is afterward signed for another work in the same category, that placed in first position fells by one place and so on as the subscription of this option "promotion to the top of the list" for other works in the same category.
- Any work can be again moved to the top of the list if the option is again taken.
- The price is 2€ or 2 pallets for each one use of this option
11 - Amendments to CGU/CGV
- The members are invited to consult regularly GTU and CGV to take note or amendments.
- Date update of the present CGU-CGV: 30/06/2017