General Terms and Conditions of Sale and Use of Findart Web. T&Cs. April 2024

These general terms and conditions complement the T&Cs, GTC and GDPR of Findart and the user of Findart Web acknowledges having read, understood and accepted the T&Cs, GTC and GDPR of Findart before reading, understanding and accepting these present general terms and conditions before subscribing to the services offered by Findart Web.

Purpose of Findart Web.

Findart Web is a paid service made available to Findart sellers. The cost of Findart Web can be consulted on Findart on the Findart Web page.

It consists of putting a website online on the web available at an address chosen by the seller.

The site design is chosen by the seller from the templates available at the time of registration. Subsequently, if Findart offers new templates, the user can without additional cost use one of these new templates.

The site content is the set of products and news from the seller. The products are arranged according to the possibilities offered by the chosen template.

All articles posted on Findart Web are automatically published on Findart and in the same way the seller's articles published on Findart are automatically published on Findart Web.

The T&Cs, GTC and GDPR of Findart apply to Findart Web.

Minimum commitment period.

The seller commits for a minimum period of one year. This one-year period begins on the day the site goes online. On the anniversary date, the seller wishing to continue using Findart Web will proceed to pay the annual fee, the amount of which is set in the Findart Web pricing grid.

Domain name and site ownership.

Findart offers the seller to purchase on their behalf the domain name chosen by the seller from O2Switch. The domain name purchase will then be made by Estelle Hassenforder. Domain name ownership can be transferred at any time and upon simple request from the seller.

If the seller wishes, they can proceed to purchase the domain name themselves. For convenience reasons, it is preferable that the seller purchases the domain name from O2Switch. They will then be the owner of the domain name from the purchase of the name. In this case, they must authorize Frédéric Léon (web developer on behalf of Findart) to access the domain name to put the site into operation.

The site cannot function without the Findart database which stores the seller's articles. It follows from this necessity that a seller wanting to leave Findart Web can ask Findart for the data allowing them to use it on another site.

The data returned to the seller by Findart will be grouped in a zipped folder including:

• All text content of the site in a JSON format file.
• All product data in a CSV format file.
• All product and decorative images from the site.

Content ownership and usage.

The seller remains the holder of all their intellectual property rights. But by publishing a publication on Findart Web, they grant Findart the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute their publication, directly or through an authorized third party, worldwide, on any medium (digital or physical), for the duration of intellectual property.

The seller notably grants the right to use their publication on the internet and on mobile phone networks and on Findart.

Conditions concerning the seller.

The seller using Findart Web uses Findart at the same time. The seller acknowledges having read and approved the T&Cs, GTC of Findart, accept them and comply with them and acknowledges that the conditions concerning sellers defined in the T&Cs, GTC of Findart also apply to Findart Web.

Conditions on products and news.

Products and news published on Findart Web must meet the criteria approved during acceptance of the T&Cs, GTC of Findart and this particularly concerning prohibited products.

By approving the T&Cs, sellers commit to respecting these conditions and Findart cannot be held responsible for any breach by a seller of these obligations.

Regarding news, sellers commit to publishing articles concerning events, exhibitions, fairs... in the field of art and collecting on Findart.

As a host, Findart Web is not responsible for controlling in advance the nature of products put up for sale on the site by the seller, but reserves the right to exercise this control and to remove any product it deems non-compliant with the T&Cs.

User account and its uses.

The Findart Web user will refer to the chapter of the same name in the Findart T&Cs to know the uses of the user account.

In any case, Findart Web cannot be held responsible if the seller does not take all appropriate measures to ensure the security of their own data, particularly identifiers and passwords, and the backup of user information and content.

By accessing Findart Web, the seller commits to making good use of the services.

They commit to using the services in line with the purpose of Findart Web, in compliance with these T&Cs and especially in accordance with current legislation and regulations, public order and the rights of third parties.

Site rights and duties.

Findart Web may, without notice, interrupt access and site services, without the interruption giving rise to any obligation or compensation, for maintenance or for any other reason.

A contact form and email address are made available to site users to inform Findart Web of any difficulty encountered when using the services. Findart Web will provide a response to any request within 72 hours. Findart Web reserves the right to refuse to respond to certain requests if they are deemed abusive.

Account closure.

The user can close their account at any time. The current annual fee remains due to Findart Web.

The seller remains responsible for the use of Findart Web services until the effective closure of their account.

Beyond closure, they will remain responsible for unfinalized orders and responsible for placed orders.

In this regard, Findart Web will keep all transactions made by a seller. Findart Web may communicate the seller's identity beyond the closure of an account if the request comes from authorities or a buyer if the request is motivated.

Findart Web reserves the right to interrupt the user account if it does not respect these T&Cs, without prejudice to the right to any damages and interest to which Findart Web could claim.

GDPR.

The seller is also subject to GDPR, they therefore commit to respecting all of these rules in their relationships with site buyers.

As such, they are prohibited from using buyer contact details outside of the execution of orders.

To collect the prior consent of the buyer for any other processing carried out on personal data concerning them.

The seller guarantees Findart Web against any use contrary to these T&Cs of the personal data of buyers.

Findart Web responsibility.

Findart Web's responsibility falls under the hosting status and does not control user content before it is put online on the site.

Findart Web commits to respecting these T&Cs and GTC.

Findart Web owes users to try to ensure quality access to services.

For this and for all obligations under its responsibility, Findart Web is bound by a means obligation.

Findart declines any responsibility regarding the proper functioning of the user's computer equipment and their internet access.

Findart Web cannot be held responsible in particular for damages, direct or indirect caused by use not in compliance with these T&Cs, of the services made available to users.

The terms of orders between users are the business of sellers and buyers. Findart Web cannot be held responsible for:

• the failure of an order, incidents that may occur in relationships between users.
• user activity, these being independent entities acting for their own accounts. In particular, each user is responsible for direct or indirect damages that could be caused by services sold by their care.

Findart Web not intervening in sales, Findart Web has no obligation of resolution or compensation in disputes that may arise between users.

Findart Web cannot guarantee the continuity of services. Findart Web and its providers cannot moreover be held responsible for any malfunction of the network or servers or event beyond their reasonable control, which would prevent, degrade access to services or cause any damage.

Findart Web declines any responsibility in case of unavailability of services resulting from a case of force majeure, in particular:

• computer hardware anomalies.
• unforeseeable and insurmountable facts of a third party to the contract.
• unavailability of the internet network.

Dispute resolution.

If a clause of these T&Cs and GTC cannot be applied, particularly following judicial cancellation, it would then be deemed unwritten, without however entailing the nullity of the T&Cs and GTC nor altering the validity of other stipulations.

These T&Cs and GTC are governed by and subject to French law.

The user and Findart Web will endeavor to resolve amicably any disputes that could arise relating to the validity, interpretation or execution of these, for this they must notify the other parties, particularly Findart Web, using the contact form.

In the absence of an agreement, the user may resort to a conventional mediation procedure for dispute resolution.

The individual user is invited to contact Findart Web to know the identity of the competent mediator.

The user can use the following link https://ec.europa.eu/consumers/odr/ to access a dispute resolution platform intended to collect any complaints from consumers following an online purchase, set up by the European Commission to then transmit them to the competent national mediators.

The registered office of Findart Web depends on the Mulhouse Commercial Court which will be competent to hear any dispute relating to the execution and/or interpretation of the T&Cs and GTC, including in case of warranty claim and plurality of defendants.