GENERAL CONDITIONS OF USE
EFFECTIVE DATE: [15 Mai 2021]
https://www.africartmarket.today (hereinafter referred to as the “Site”) is a platform for anyone (the “Users”) to register for the provision of work of art estimation and customised analysis services (the “Services”).
The purpose of these terms and conditions is to define the terms and conditions of use of the Services offered on the Site and to define the rights and obligations of the parties in this context.
They are accessible, available for consultation and printable at any time by a direct link at the bottom of the Site.
They may be supplemented, where appropriate, by conditions of use specific to certain Services, which supplement these general conditions and, in case of contradiction, prevail over them.
The Site and the Services are operated by the company Balitixe,30 rue St Maur, 75011 Paris- France, Société par actions simplifiée (SASU), with share capital of 1000,00 euros, registered in the RCS of Paris under no. Paris B 797 637 956, (hereinafter: “AfricartMarket”).
AfricartMarket can be contacted at the following address, in particular for any complaint by post addressed to AfricartMarket, 30 rue St Maur, 75011 Paris – France or by e-mail at contact@AfricartMarket.today.
The Site and the Services are accessible:
To any natural person having full legal capacity to undertake under these general conditions. The natural person who does not have full legal capacity may access the Site and the Services only with the agreement of his legal representative.
Any legal person acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal person..
The acceptance of these general conditions is materialized by a check box in the registration form. This acceptance can only be full and complete. Any conditional membership is considered null and void. Users who do not agree to be bound by these terms and conditions must not access the Site or use the Services.
In the case of Users not registered on the Site, their use of the Site and/or the Services entails their acceptance of these terms and conditions, without restriction or reservation.
Registration automatically leads to the opening of an account in the User’s name (hereinafter: the “Account”), giving him access to a personal space (hereinafter: the “Personal Space”) which allows it to manage its use of the Services in a form and according to the technical means that AfricartMarket deems most appropriate to render the said Services.
The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not tainted by any misleading character.
It undertakes to update this information in its Personal Space in the event of changes, so that they always correspond to the criteria referred to above.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as they are validated.
He is also responsible for maintaining the confidentiality of its username and password, any access to the Site using these is deemed to be made by the User. The latter must immediately contact AfricartMarket at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. It acknowledges that AfricartMarket has the right to take all appropriate measures in such a case.
The User has access to the Services according to the functionalities and technical means that AfricartMarket deems most appropriate.
The prices of the Services are indicated on the Website and in the General Terms and Conditions of Sale.
AfricartMarket reserves the right, at its sole discretion and on terms that it will judge, to offer promotional offers or price reductions..
Prices may be revised by AfricartMarket at any time, at its discretion.
The User will be informed of these changes by AfricartMarket by any useful written means (and in particular by email) at least 1 month before the entry into force of the new tariffs.
The User who does not accept the new prices must no longer be able to access the Services. Failing this, it will be deemed to have accepted the new tariffs.
Users are informed that they do not benefit from any right of retractation given the nature of the Services provided .
The User expressly acknowledges and accepts:
(i) the data collected on the Website and the AfricartMarket IT equipment are evidence of the reality of the operations carried out in the context of this Agreement,
(ii) that this data constitutes the principal form of proof accepted between the parties, in particular for the calculation of the sums due to Africart Market.
The User can access this data in his Personal Space..
Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations.
The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
It is solely responsible for the proper completion of all administrative, tax and/or social formalities and for all payments of contributions, taxes or taxes of any kind that are incumbent upon it, if any, in connection with its use of the Services. AfricartMarket may not be held liable under any circumstances.
The User acknowledges having read on the Site the characteristics and constraints, in particular technical, of all the Services. It is solely responsible for its use of the Services.
The User agrees to make strictly personal use of the Services. Therefore, it shall not assign, grant or transfer all or any part of its rights or obligations hereunder to any third party in any manner whatsoever.
The User agrees to provide AfricartMarket with all the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with AfricartMarket for the proper execution of the present.
The User guarantees AfricartMarket against any complaints, complaints, actions and/or claims that AfricartMarket may suffer as a result of the violation, by the User of any of its obligations or warranties under these terms and conditions or a legal provision.
It undertakes to compensate AfricartMarket for any damage it may suffer and to pay it any costs, charges and/or convictions it may have to bear as a result.
Use of the Services for the following purposes is strictly prohibited:
– illegal, fraudulent or infringing on the rights or security of third parties,
– breach of public order or violation of applicable laws and regulations,
– intrusion into the computer system of a third party or any activity likely to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security,
– sending unsolicited emails and/or marketing or commercial solicitation,
– manipulations intended to improve the referencing of a third-party site,
– assistance or encouragement, in any form and in any manner whatsoever, to one or more of the acts and activities described above,
– and more generally any practice that diverts the Services for purposes other than those for which they were designed.
Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the AfricartMarket Site.
The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into the systems of Africart Market, (iii) any misappropriation 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 AfricartMarket or the users of its Site, and finally, more generally (vii) any breach of these general conditions.
It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Site, as well as to the information that is hosted and/or shared there.
In the event of a breach of any of the provisions of these general conditions or more generally, of a breach of the laws and regulations in force by a User, AfricartMarket reserves the right to take any appropriate measures and in particular to::
(i) Suspending access to the Services of the User, perpetrator or participant in the breach,
(ii) Publish on the Site any information message that AfricartMarket deems useful,
(iii) notify any relevant authority,
(iv) initiate any legal action.
In the event of a breach by the User of an essential obligation arising from these general conditions, AfricartMarket reserves the right to resolve its access to all or part of the Services, with immediate effect, by letter, fax or email. The resolution takes effect as of right on the date of sending, by Africart Market, the written letter addressed to the User in application of this clause. It automatically and without prior notice results in the deletion of the User’s Account, without prejudice to any other consequences that may be induced in application of these general conditions.
Systems, software, structures, infrastructures, databases and contents of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by AfricartMarket within the Site are protected by any applicable intellectual property rights or database producers’ rights. All disassemblies, decompilations, decryptions, extractions, reuses, copies and, more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of AfricartMarket are strictly prohibited and may be the subject of legal proceedings..
AfricartMarket reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions which AfricartMarket will be the sole judge.
AfricartMarket cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User would access through the Site.
The User may unsubscribe from the Services at any time, by deleting his account directly in his customer space .
AfricartMarket reserves the right to modify these terms and conditions at any time.
The User will be informed of these changes by any useful means.
Users who do not accept the modified terms and conditions must unsubscribe from the Services.
Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these changes.
In the event of a translation of these General Conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute as to the meaning of a term or provision.
These general conditions are governed by French law.
In the event of a dispute as to the validity, the interpretation and/or execution of these general conditions shall be submitted to the competent courts in the conditions of applicable law.
30 rue St Maur 75011 Paris France
RCS :Paris B 797 637 956
Website hosting: Amazon Web Services inc.
Publishing Director: Jean Philippe
GENERAL CONDITIONS OF SALE (SERVICES) – AFRICARTMARKET
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of the services of estimation of works and personalized analyses (‘the Services’) offered by AfricartMarket (‘the Service Provider’) consumers, business customers and non-professional customers (‘Customers or the Customer’) on its website https://africartmarket.today.
The main features of the Services are presented on the website https://africartmarket.today.
The Customer is required to take note of it before any order is placed. The choice and purchase of a Service is the sole responsibility of the Customer.
These conditions apply to the exclusion of all other conditions, including those applicable to other marketing channels for the Services.
They may be supplemented by special conditions, set out on the website, before any transaction with the Customer.
These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, if applicable, over any other version or other contradictory document.
Unless proven otherwise, the data recorded in the service provider’s computer system constitutes proof of all transactions concluded with the Client.
In accordance with the Data Protection and Freedoms Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which entered into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, of opposition, erasure and portability of all his personal data by writing, by post and justifying his identity, to the
30 rue Saint Maur
The Customer declares to have read and accepted these General Terms and Conditions of Sale by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general terms and conditions of use of the https website://africartmarket.today.
The validation of the order for Services by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the capacity to contract and acquire the Services offered on the https://africartmarket.today website.
These General Terms and Conditions of Sale may be modified later, the version applicable to the purchase of the Customer is the one in force on the website on the date of placing the order.
ARTICLE 2 – Orders
The Customer selects on the site the services he wishes to order, according to the following methods:
Sending of images, registration of details, summary of the service ordered and payment
The contractual information is presented in French and is confirmed at the latest when the order is validated by the Customer.
The registration of an order on the Service Provider’s website is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validating his order. The Customer has the possibility to check the details of his order, his total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Customer to check the accuracy of the order and to report any error immediately.
The sale of Services shall not be considered as definitive until after the confirmation of acceptance of the order by the Service Provider has been sent to the Customer by e-mail and after receipt by the latter of the entire price- .
Any order placed on the https://africartmarket.today website constitutes the formation of a distance contract between the Customer and the Service Provider.
AfricartMarket reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Once confirmed and accepted by the Seller, under the conditions described above, the order is not modifiable.
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except the exercise of the right of withdrawal or case of force majeure.
ARTICLE 3 – Tariffs
The Services offered by the Service Provider are provided at the prices in force on the https://africartmarket.today website, when the Service Provider registers the order. Prices are expressed in Euros, US dollars and British Pound, excluding VAT and VAT.
The rates take into account any discounts that would be granted by the Service Provider under the conditions specified on the website https://africartmarket.today.
These rates are binding and not reviewable during their validity period, as indicated on the https://africartmarket.today website, the Service Provider reserves the right, outside this validity period, to change the prices at any time.
They do not include processing and management fees, which are charged in addition, under the conditions indicated on the website https://africartmarket.today and calculated prior to the placing of the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Service Provider and delivered to the Customer when the Services ordered are provided.
ARTICLE 4 – Conditions of payment
The price is payable in cash, in full on the day of the placing of the order by the Customer, according to the terms specified in the article “Orders” above, by secure payment according to the following terms:
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
In case of payment by bank cheque, it must be issued by a bank domiciled in metropolitan France or Monaco.
The cheque is cashed upon receipt.
The Service Provider shall not be obliged to supply the Services ordered by the Customer if the price has not been paid to it in full in the above conditions.
Payments made by the Client shall not be considered final until the amounts due by the Service Provider have been effectively collected.
Payments made by the Client shall not be considered final until the amounts due by the Service Provider have been effectively collected.
In addition, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.
No additional costs, higher than the costs incurred by the Service Provider for the use of a means of payment may be invoiced to the Customer.
ARTICLE 5 – Provision of Services
The Services ordered by the Customer, which include the services of estimation of works, consultation of a database of published auction prices and personalized analysis will be provided in the following ways (issuance of a certificate of evaluation) within a maximum of 48 hours from the final validation of the Customer’s order, under the conditions provided for in these General Terms and Conditions of Sale, at the address indicated by the Customer when ordering on the website https://africartmarket.today.
The aforementioned deadline is interrupted on public holidays and weekends.
It should be noted that the issue of an assessment certificate is valid for its issue date and does not take into account the subsequent volatility of that assessment. This devaluation certificate must not be considered as a certificate of authenticity, for which the Service Provider declines all responsibility.
The Service Provider undertakes to make its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means and within the deadlines specified above.
If the services ordered have not been provided within 48 hours after the indicative date specified above, for any reason other than force majeure or the Customer’s actions, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of denunciation of the contract, excluding any compensation or withholding.
The identification of the Service Provider is as follows:
In the absence of reservations or complaints expressly issued by the Customer upon receipt of the Services, these will be deemed to comply with the order, in quantity and quality.
The Client shall have a period of 14 days from the provision of the Services to issue, in writing, such reservations or complaints, with all supporting documents, to the Service Provider.
No claim may be validly accepted in case of non-compliance with these formalities and deadlines by the Customer.
The Service Provider shall reimburse or rectify the Client (to the extent possible) as soon as possible and at its own expense, in accordance with the appropriate terms and conditions approved by the Client, the Services whose lack of conformity has been duly proven by the Client.
ARTICLE 6 – Right of withdrawal
Given the nature of the services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore concluded definitively upon the placing of the order by the Customer according to the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 7 – Liability of the Service Provider – Guarantee
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer, against any defect of conformity or hidden defect, resulting from a failure to design or perform the Services ordered under the terms and conditions defined in the appendix to these General Terms and Conditions of Sale.
In order to exercise its rights, the Customer must inform the Service Provider, in writing, of the existence of defects or defects of conformity within a maximum of 14 days from the provision of the Services.
The Service Provider shall refund or rectify or cause to be rectified (to the extent possible) the services deemed to be defective as soon as possible and at the latest within 14 days following the Service Provider’s finding of the defect or defect. The refund will be made by credit on the Customer’s bank account or by bank cheque addressed to the Customer.
The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid by the Client and the Service Provider may not be considered liable or defaulted for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French case law.
The Services provided through the Service Provider’s https://africartmarket.today website comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which is the responsibility of the Client, who is solely responsible for choosing the Services requested, to verify.
ARTICLE 8 – Protection of personal data
Pursuant to Law 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the drawing up of invoices, in particular.
This data may be communicated to any Seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of the information communicated via the https://africartmarket.today website complies with the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition of portability and limitation of the processing with regard to the information concerning him.
This right may be exercised under the terms and conditions set out on the https://africartmarket.today website.
ARTICLE 9 – Intellectual Property
The contents of the https://africartmarket.today website are the property of the Seller and its partners and are protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.
ARTICLE 10 – Short-sightedness
In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume an excessively onerous risk of performance may request renegotiation of the contract from its contracting party.
ARTICLE 11 – Force majeure
The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 12 – Applicable law – Language
These General Terms and Conditions of Sale and the resulting transactions are governed by French law.
They are in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 13 – Disputes
Any disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale may give rise, as regards their validity, interpretation, performance, their termination, consequences and consequences and which could not have been resolved between the seller and the customer will be submitted to the competent courts in the conditions of common law.
The Client is informed that it may in any case resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sectoral mediation bodies, and the references of which can be found on the https://africartmarket.today website or in any alternative dispute resolution process (e.g. conciliation) in the event of a dispute.
The customer, finding that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or a body mentioned in IV of article 43 ter of the 1978 Data Protection Act, in order to obtain redress against the controller or processor before a civil or administrative court or the national data protection and freedoms commission.
ARTICLE 14 – Pre-contractual information – Acceptance of the Client
The Customer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and understandable manner, of these General Conditions of Sale and of all the information listed in article L. 221-5 of the Consumer Code, and in particular the following information:
The fact for a natural person (or legal entity), to order on the website https://africartmarket.today implies full acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Client, which waives, in particular, the right to rely on any contradictory document, which would be inoperable against the