Terms & Conditions

 

ARTSYOMIE TERMS AND CONDITIONS OF USE

Effective as of: 07/25/2019

1. PURPOSE

The purpose of these general conditions is to outline the terms and conditions for online sales offered on the Site and define the rights and obligations of parties involved. They also govern the services offered to Users other than online sales (hereinafter referred to as the “Services”)
They are accessible and may be printed at any time using the link at the bottom of every page of the Site.
Specific conditions of use may be applicable to certain Services, in addition to these general conditions and, in the event of contradiction, prevail over them.

2. SITE OPERATOR – CONTACT

The Site is operated by ARTSYOMIE, a company registered with the Department of the treasury internal revenue service under number 84 – 2019355,
ARTSYOMIE can be contacted at the following address, in particular for claims:
Postal address: 6949 Laurel Canyon Blvd Apartment 217 Noth Hollywood, Canifornia 91605 United States
Email: hello@artsyomie.com

3. ACCESS TO THE SITE AND SERVICES – DELIVERY AREAS

3.1 Legal capacity

The Site and Services are accessible:
– To any natural person aged 18 or older having full legal capacity to agree to the present general terms and conditions. Any natural person who does not have full legal capacity can only access the Site and Services with the consent of their legal representative.
– Any legal person acting through the intermediary of a natural person having legal capacity to enter into contracts in the name and on behalf of the legal person.

3.2 Delivery areas

The Works are offered for sale and can be delivered worldwide.

4. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

Upon confirmation of an order, Users are obliged to accept these general terms and conditions. Acceptance must be full and complete. Users who do not agree to be bound by these terms and conditions may not access the Site or use the Services.

5. IMPLEMENTATION OF ONLINE SALES

The Site allows the artist and users to be put in contact with each other for the purpose of direct sale of her Works by the former to the latter, according to the methods described below. The establishment of this relationship, as well as the Services described in Article 8, are provided using the format, features and technical means that ARTSYOMIE consider to be most appropriate.

5.1 Orders of Works by the User

The Works are offered for sale by the Artist and are subject to availability.
To place an order, the User must select the Works of his/her choice and place them in his/her shopping cart.
The User can check the content of his/her shopping cart at any time as long as the order has not been definitively validated and if there are any errors, the Order can be corrected. The shopping cart summary indicates details about delivery costs related to the order, depending on the delivery address. Once this information has been checked the order may be validated.
Once the order is finalised, the User will receive an email containing the acknowledgement of receipt of the order.
ARTSYOMIE.COM then informs the Artist and checks that the Work is still available. The Artist must reply to ARTSYOMIE.COM within two working days. If the Artist fails to do so, the Work shall be deemed unavailable.
In the event that the Work is unavailable, ARTSYOMIE.COM will inform the User and the order is then cancelled. The User will be refunded the price of the order as soon as possible and at the latest within 14 (fourteen) days following cancellation.
The User’s notification period regarding the availability or unavailability of the Work may be temporarily extended in the event that the Artist has informed ARTSYOMIE.COM of his/her absence. ARTSYOMIE.COM will then inform the User as soon as possible, by any means necessary.
If the Work is available, ARTSYOMIE.COM will send the User an order confirmation email which constitutes the final order validation and:
(i) provides a summary of the elements of the order and the expected delivery time,
(ii) includes the general conditions applicable to the order.
The User must ensure that the contact details provided when placing an order or updating his/her Account are correct and that they enable him/her to receive emails acknowledging receipt, cancellation and/or confirmation of the order. If the latter are not received, the User must contact ARTSYOMIE at the address mentioned in article 2. ARTSYOMIE would recommend that the User keep the information provided in the order confirmation. The order and its confirmation are deemed to have been received once the parties to whom they are addressed have gained access to them.

5.2 Prices and payment terms relating to the Works for the User

5.2.1 Sale price

The sale prices of the Works are displayed on the Site. They are indicated in either Euros, British pounds or U.S. dollars depending on the currency selected by the User. All taxes are included. The applicable prices are those displayed on the Site at the time of ordering.
The sale prices of the Works do not include any applicable delivery charges, which are invoiced in addition to the price of any purchased Works. The amount of the applicable delivery charges will be indicated before validation of the order by the User.
Warning: customs duties or local taxes may be payable and invoiced upon receipt of the package by the User, in addition to the price paid on the Site. ARTSYOMIE cannot determine the exact amount of these duties in advance and therefore cannot inform
the User prior to ordering; they are the responsibility of the User, who is solely liable for the proper implementation of any declarations and/or formalities relating thereto.

5.2..2 Payment terms and conditions

Unless otherwise indicated on the Site, the entire price is due at the time of the order. Payment can be made online:
– through the secure online payment services Stripe, Paypal or bank transfer proposed on the ARTSYOMIE website.
– or by any other means proposed on the Site at the time of ordering.
The User guarantees that he/she is authorised to use the chosen payment method.
ARTSYOMIE reserves the right to suspend or cancel any order and/or delivery, in the event of non-payment of any sum due by the User, in the event of a payment issue, or in the event of fraud or attempted fraud relating to the use of the Site.

5.3 Delivery

Deliveries of the Works are made to the address indicated at the time of the User’s order as “delivery address” (which may be different from the invoicing address) and within the time limit indicated in the order confirmation email.
If delivery is not made within the set deadline, the User may cancel the order, by registered letter with acknowledgement of receipt or in writing by another means addressed to ARTSYOMIE, which will then be forwarded to the Artist, if, after having instructed the Artist through a request addressed to ARTSYOMIE on the same terms to make the delivery within a reasonable additional period, the Artist has failed to fulfil the deadline.
The contract in this case will be considered terminated upon receipt by ARTSYOMIE of the letter or written notice informing them of this termination, unless the Artist has completed the Order in the meantime.

5.4 Legal guarantees

The Artist undertake to respect and implement the legal guarantees all the Users benefit from, namely the guarantee of non-conformity, as well as for hidden defects of items sold, including defects resulting from the packaging of the Works.
If the User notices that the Work delivered has a defect, is non-conforming to its description or damaged, ARTSYOMIE must be informed using the address mentioned in Article 2 hereof, indicating the nature of the defect, non-conformity or damage and any useful proof, in particular, photograph(s). ARTSYOMIE will inform the Artist in question as soon as possible and will email the User the Artist’s contact details in order to return the Work.

6. SERVICES PROVIDED FREE OF CHARGE

ARTSYOMIE Services are provided to Users free of charge for the benefit of the Artists, since Users only have to pay the price of the Works and the delivery costs.

7. USER OBLIGATIONS

Without prejudice to the other obligations stipulated in the present terms and conditions, Users undertake to comply with the following obligations.

7.1 When the User is a business, he/she is solely responsible for the implementation of the resale right if he/she decides to resell the Work at a later date.

7.2 The User is solely responsible for the accuracy, completeness and relevance of the information he/she provides to ARTSYOMIE for the purpose of carrying out the Services, in particular his/her contact details.

7.3 When the User has the possibility to publish content of any kind (editorial, graphic, audio, audiovisual or other, including any name and/or image chosen by the User to identify him/her on the Site, hereinafter referred to together as the “Content”) as part of the Services, the User is solely liable for the Content.
The User must ensure ARTSYOMIE that he/she has all the rights and authorisations necessary to publish this Content.
The User undertakes to ensure that such Content is lawful, does not infringe upon public order, morality or the rights of third parties, does not infringe on any legislative or regulatory provision and, more generally, will in no way bring ARTSYOMIE into civil or criminal liability.
The User agrees not to distribute, in particular and but not exclusively, the following:
– Content that is pornographic, obscene, indecent, offensive, unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
– Content that infringes or constitutes a plagiarism of already existing Works,
– Content that may be harmful to the image of a third party,
– Content that is false, misleading or that provides or promotes illegal, fraudulent or deceptive activities,
– Content harmful to third parties’ computer systems (such as viruses, worms, Trojan horses, etc.),
– and more generally Content likely to infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever.

7.4 The User undertakes to make strictly personal use of the Site and Services and therefore refrains from assigning, conceding or transferring all or part of his/her rights or obligations under the present contract to a third party, in any manner whatsoever.

7.5 The User must take the necessary measures to safeguard, by his/her own means, any information in his/her Personal Settings that he/she deems to be necessary. The Site will not provide a copy of such information at a later date.

8. PROHIBITED BEHAVIOR

8.1 It is strictly prohibited to use the Services for the following purposes:
– any illegal, fraudulent activities or activities that infringe the rights or safety of third parties,
– any breach of public order or violation of laws and regulations in force,
– any intrusion into a third party’s computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party’s computer system, violating its integrity or security.
– sending unsolicited emails and/or commercial prospecting or solicitation,
– any operations intended to improve the referencing of a third party site,
– any use of the Site to disseminate information or links redirecting to a third-party site, assistance or incitement, in any form and in any manner whatsoever, to one or more of the acts and activities described above,
and on a broader level, any other practice that may misuse the Services for any purposes other than those for which they were intended.

8.2 Users are strictly prohibited from copying and/or misusing the concept, technologies or any other element of the ARTSYOMIE Website for their own purposes or those of third parties.

8.3 The following is also strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into ARTSYOMIE’s systems, (iii) any diversion of the Site’s system resources, (iv) any actions likely to impose a disproportionate burden on the Site’s infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to affect the financial, commercial or moral rights and interests of ARTSYOMIE or users of its Site, and lastly, more generally (vii) any breach of these general terms and conditions.

8.4 It is strictly forbidden to exchange, sell or grant full or partial access to the Services or the Site, as well as the information hosted and/or shared on the Site.

9. PENALITIES FOR NON COMPLIANCE

If a User fails to comply with any of the provisions of these general terms and conditions or any laws and regulations in force, ARTSYOMIE reserves the right to take the appropriate actions and in particular:

10. LIABILITY AND WARRANTY ON BEHALF OF ARTSYOMIE.COM

10.1 ARTSYOMIE.COM undertakes to provide the Services diligently and in accordance with the most recent, best practices. It is specified that ARTSYOMIE.COM is under an obligation of means, with the exception of any performance obligations and the Users expressly acknowledge and accept this.

10.2 ARTSYOMIE.COM undertakes to carry out regular checks to verify the proper functioning and accessibility of the Site. As part of these checks, ARTSYOMIE.COM
reserves the right to temporarily interrupt access to the Site for maintenance purposes.
Similarly, ARTSYOMIE.COM cannot be held responsible for any temporary difficulties or inability to access the Site due to circumstances beyond ARTSYOMIE.COM’s control, force majeure, or disruptions in the telecommunications networks.

11. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and content of all kinds ( texts, images, visuals, music, logos, trademarks, databases, etc…) that are used by ARTSYOMIE on the Site are protected by all intellectual property rights or database producers’ rights in force.
Any dismantling, decompiling, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of ARTSYOMIE.COM is strictly prohibited and may be subject to prosecution.

12. PERSONAL DATA

ARTSYOMIE has a personal data protection policy, the details of which are set out in the document entitled “Privacy and Cookie Policy”, which the User is hereby expressly encouraged to read.

13. ADVERTISING

ARTSYOMIE.COM reserves the right to insert on any page of the Site and in any message to Users advertising or promotional messages in a format and under conditions that shall be determined by ARTSYOMIE.COM alone.

14. LINKS AND THIRD PARTY SITES

ARTSYOMIE.COM cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) that the User may access via the Site.
ARTSYOMIE assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their respective terms and conditions of use.
ARTSYOMIE is also not responsible for transactions between the User and any advertiser, business or retailer (including potential partners) to whom the User may be directed through the Site and may not under any circumstances be held liable for any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations and other obligations which these third parties are subject to.

15. AMENDMENTS

ARTSYOMIE reserves the right to modify these general terms and conditions at any time.
Users will be informed of these changes by the appropriate means or by accessing the modified general terms and conditions of sale at the time of any order placement following the implementation of these changes.
Users who do not accept the modified general terms and conditions must unsubscribe from the Site in accordance with the terms and conditions and may no longer place any orders.
Any User who orders or uses the Services after the amended terms and conditions come into force must have accepted these modifications.

16. LANGUAGE OF THE TERMS AND CONDITIONS

In the event of a translation of these general terms and conditions into one or more languages, English will be used for any interpretation in the event of contradiction in terms and dispute on the meaning of any concept and provision.

17. GOVERNING LAW AND JURISDICTION

These general conditions are governed by American law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of California shall have exclusive jurisdiction to judge them, unless there are mandatory procedural rules indicating the contrary.