General Terms and Conditions of Use
of the Readyart Website
The Internet website www.readyart.fr (hereinafter referred to as the "Website") is a marketplace allowing Internet users, individuals or professionals, interested in the purchase of works of art (hereinafter referred to as the "Buyers") to enter into a business relationship with individuals or professionals selling works of art (hereinafter referred to as the "Vendors"), or with artists directly selling their works on-line or through the intermediary of their Representative (hereinafter referred to as the "Artist Vendors"), in order to buy such works of art from them (hereinafter referred to as the "Works").
The Artist Vendors or their Representative, Buyers and Vendors are hereinafter collectively referred to as the "Users".
The purpose of these General Terms and Conditions is to define the terms and conditions of use of the services provided on the Website (hereinafter referred to as the "Services"), as well as to define the rights and obligations of the various parties within this framework.
They can be accessed and printed at any moment from a direct link on the Website's homepage.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions and, in the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
The Website and the Services are operated by the company Get Lucky Production, a limited liability company, registered under number 795 173 921 with the Registry of Trade and Companies of Paris, and whose head office is located at 42 rue Poussin, 75016 Paris, France (hereinafter referred to as “Get Lucky Production").
Get Lucky Production may be contacted through any of the following channels, especially for any inquiries:
Postal Address: 42, rue Poussin, 75016 Paris, France
Telephone: +33 (0)1 47 43 15 78
E-mail address: contact@readyart.fr
The Website and the Services may be accessed by any individual having the full legal capacity to be bound by these General Terms and Conditions. Any individual who does not have this full legal capacity can only access the Website and the Services with the agreement of their legal representative.
These General Terms and Conditions of Use can be accepted by checking a checkbox in the registration form.
This acceptance can only be full and complete. Any qualified acceptance shall be considered as null and void. Users who do not accept to be bound by these General Conditions must not use the Site’s Services.
Registering automatically entails the opening of an account in the individual User's name (hereinafter referred to as the "Account"), giving the User access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that Get Lucky Production deems the most appropriate for providing the said Services.
Users guarantee that all information they provide in the registration form is exact, up to date and sincere and that they are being in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Accounts is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
In the same way, Users are responsible for keeping their connection ID and password confidential. They must contact Get Lucky Production immediately, through any of the channels mentioned in Article 2 of these General Terms and Conditions, if they notice that their Account has been used without their knowledge. They acknowledge Get Lucky Production’s right to take all measures it deems appropriate in a case such as this.
Users have access to the following Services in a format and according to the technical means that Get Lucky Production deems the most appropriate.
Vendors and Artist Vendors, or their Representative, shall submit to Get Lucky Production the Works that they wish to propose for sale on the Website.
To this end, they shall provide any relevant information to describe all characteristics of the Works using the form provided for this purpose.
This information can include, under the responsibility of Vendors and Artist Vendors, or their Representative:
Vendors and Artist Vendors, or their Representative, acknowledge and expressly accept that Get Lucky Production reserves the right to refuse a Work from being put on-line if the above information has not been provided or, more generally, if the latter considers that the Work does not correspond to the editorial policy of the Website.
Vendors and Artist Vendors, or their Representative, shall create the advertisements, for the sale of Works that have been validated by Get Lucky Production (hereinafter referred to as the "Ads"), using the form provided for this purpose, specifying in particular:
To this end, they may insert in each Ad photographs and a presentation of the Work in question (hereinafter referred to as the "Content").
Vendors and Artist Vendors or their representative shall also indicate the sale price of the Works.
If a Work is proposed by a professional vendor, its price is indicated including all taxes, unless expressly stated otherwise in the Ad. It is the responsibility of the Vendor to make all VAT declarations and payments relating to the Work.
If the sale of a Work gives rise to the payment of a resale right, under the conditions laid down in Article 6.4.3, this right is included in the sale price, which Users hereby acknowledge and expressly accept.
Vendors and Artist Vendors, or their Representative, shall ensure that such information is accurate, up-to-date, sincere and that they are being in no way misleading or dishonest. Get Lucky Production may not be held liable in this respect.
Get Lucky Production reserves the right to refuse an Ad if it considers that the presentation of the Ad is not consistent with the editorial policy of the Website, which Vendors and Artist Vendors, or their Representative, hereby acknowledge and expressly accept.
If the Ad is validated, Get Lucky Production shall publish it on the Website and notify the appropriate Vendor or Artist Vendor, or their Representative, through any pertinent channels, and in particular by email.
The list of Works whose Ads have been validated by Get Lucky Production and published on the Website is summarized in the Personal Space of the Vendors and Artist Vendors, or their Representative.
To obtain the contact details of the Vendor of the Work that a Buyer wishes to acquire, the latter must first contact Get Lucky Production using the contact form available on the Website or directly through any of the other channels listed in Article 2 of these General Terms and Conditions.
The Vendor’s contact details shall be sent to the Buyer through any pertinent channels. To this end, Vendors expressly accept that their contact details be sent to any Buyers wishing to purchase any of the Works that the former has placed on sale.
It is then up to the Buyer to contact the Vendor, and to come to a mutual agreement with them concerning the practical terms of purchase, payment and delivery of the Work(s), externally to the Website and through any private channels they choose. Delivery fees are the responsibility of the Buyer, unless otherwise agreed with the Vendor.
The following stages of the sale shall be handled by the Buyer and the Vendor only and remain under their sole responsibility. Consequently, in the event of claims relating to Works and/or to their delivery, the Buyer undertakes to submit such claims directly to the Vendor.
When the sale of a Work has been made, the Vendor undertakes to inform Get Lucky Production without delay, for the purposes of indicating on the Website the Works that have been sold. The status of the sold Works is summarized in the Vendors’ Personal Space.
6.4.3 Payment of the Resale Right
In the event that a professional art dealer has intervened in the sale of a Work, thus giving rise to an entitlement to a resale right, this right is due by the Vendor, whether the intervention was of a professional nature or not.
In accordance with current regulations, the completion of the steps necessary to identify the recipient(s) of the resale right resulting from such a sale, as well as payment of such royalties remain the responsibility of the professional involved in the sale, namely:
Get Lucky Production may not be held liable in this respect.
The Artist Vendors, or their Representative, after having signed an agreement with Get Lucky Production, put their Works on sale exclusively on the Website.
The terms and conditions of this exclusivity, including those of a financial nature, shall be the subject of a separate agreement (hereinafter referred to as the "Agreement") between Get Lucky Production and each Artist Vendor, either directly or through the intermediary of a professional art dealer (hereinafter referred to as the "Representative"), prior to the implementation of the Works submission process, and prior to the creation and publication of the Ads described in Articles 6.1 to 6.3.
Unless otherwise provided for in the Agreement, the exclusivity granted to each Work begins on the day the said Work is published on the Website, for a duration of one (1) year.
It is then renewed tacitly, for successive periods of the same duration as the initial period, unless terminated by one of the parties, under the conditions laid down in the Agreement, no later than one (1) month before the end of each period.
To obtain the contact details of the Artist Vendor (or, where appropriate, their Representative) of the Work that the Buyer wishes to acquire, the latter must first contact Get Lucky Production using the contact form that is provided on the Website, or directly through any of the channels listed in Article 2 of these General Terms and Conditions.
The Artist Vendor’s contact details, or those of their Representative where appropriate, shall be sent to the Buyer through any pertinent channels. To this end, Artist Vendors, or their Representative, expressly accept that their contact details be sent to any Buyers wishing to purchase any of the Works that the former has placed on sale.
It is then up to the Buyer to contact the Artist Vendor, or their Representative where appropriate, and to come to a mutual agreement with them concerning the practical terms of purchase, payment and delivery of the Work(s), externally to the Website and through any private channels they choose. Delivery fees are the responsibility of the Buyer, unless otherwise agreed with the Artist Vendor or their Representative.
The following stages of the sale shall be handled by the Buyer and the Artist Vendor, or their Representative where appropriate, and under their sole responsibility. Consequently, in the event of claims relating to Works and/or to their delivery, the Buyer undertakes to submit such claims directly to the Artist Vendor, or their Representative where appropriate.
When the sale of a Work has been made, the Artist Vendor, or their Representative where appropriate, undertakes to inform Get Lucky Production without delay, for the purposes of indicating on the Website the Works that have been sold. The status of the sold Works is summarized in the Artist Vendors’ Personal Space, or that of their Representative, where appropriate.
Get Lucky Production reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
Registration on the Website, as well as the Services of creating and publishing Ads are provided free of charge.
In consideration for putting the Buyer and Artist Vendor, or their Representative where appropriate, in contact, and for the conclusion of sales, a commission, calculated on the sale price of the Work as displayed on the Website (hereinafter referred to as the "Commission"), is due by the Artist Vendor or their Representative where appropriate, to Get Lucky Production.
The methods of calculation and payment of the Commission are specified in the Agreement signed with the Artist Vendor or, where appropriate, their Representative.
In consideration for putting the Buyer and Vendor in contact, and for the conclusion of sales, a commission, calculated on the sale price of the Work as displayed on the Website (hereinafter referred to as the "Commission"), is due by the Vendor to Get Lucky Production.
The amount of the Commission applied is indicated on the Website.
The amount of the Commission may be revised at any time. Users are informed through any pertinent channels, at least one month before the date of entry into force of any change to the amount.
The changed amount shall apply to any sale made after its entry into force.
Any Vendors who do not accept the new amount of the Commission must stop using the Services. Failing this, it shall be deemed that they have accepted the new amount.
The amount of the Commission is invoiced directly to the Vendor by Get Lucky Production through any pertinent channels. The Vendor undertakes to pay Get Lucky Production the corresponding invoiced amount within a maximum period of thirty (30) days from the date of its receipt.
The Vendor is hereby informed and expressly agrees that any lateness of payment of all or part of an amount at its due term, shall automatically entail, without prejudice to the provisions set out in Article 13 (Sanctions for Breaches) or Article 19 (Opting Out) and without prior formal notice:
Users acknowledge and hereby expressly accept that:
Users can access this data in their Personal Space.
Without prejudice to other obligations provided for in these General Terms and Conditions, Users undertake to respect the following obligations.
They undertake, in particular, to comply with the regulations in force in the field of art sales.
More specifically:
Users are individually and solely responsible for their use of the Services and in particular for any relations that they may form with other Users and/or third parties and for the information that they may share with others within the framework of the Services.
Users must exercise appropriate caution and good judgement in these relations and exchanges.
Users also undertake, in their exchanges with other Users, to respect the usual rules of politeness and courtesy.
They undertake to provide Get Lucky Production with all information necessary for the proper fulfilment of the Services and more generally, to cooperate actively with Get Lucky Production with a view to the proper fulfilment of these General Terms and Conditions.
Vendors and Artist Vendors, or their Representative, are solely responsible for the proper fulfilment of sales contracts with Buyers and for the quality and conformity of Works delivered with regard to their description in the Ads.
They are also solely responsible for any faults or hidden defects that may potentially be found in the Works.
In particular, they ensure Get Lucky Production that:
Users undertake to ensure that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party's rights or legal provision and/or regulation, and more generally, is in no way likely to expose the civil or criminal liability of Get Lucky Production.
Vendors and Artist Vendors, or their Representative, hereby agree to refrain from publishing the following, and without this list being exhaustive:
And, more generally, any Content that is likely to infringe on the rights of others or cause harm to others in any manner or form.
Buyers are solely responsible for the payment, to copyright management companies and to the Maison des Artistes, of social contributions based on turnover, potentially incumbent on them further to their use of the Services. Get Lucky Production shall in no case be held liable in this respect.
Vendors and Artist Vendors, or their Representative, are also solely responsible, where appropriate, for their compliance with obligations relating to the export of works of art.
They undertake, especially, to see to it that Buyers who are private individuals can exercise their right of withdrawal, in compliance with the legislative and regulatory provisions in force. Get Lucky Production shall in no case be held liable in this respect.
Each User guarantees Get Lucky Production against any complaints, claims, legal actions and/or grievances whatsoever, that Get Lucky Production could incur as a result of a breach by the User of any one of its obligations or guarantees under these General Terms and Conditions.
The User undertakes to compensate Get Lucky Production for any prejudice that the latter would be subject to, and to pay any costs, charges and/or convictions that the latter could incur, as a result of such a breach.
In the event of a breach of any of the provisions of these General Terms and Conditions, or more generally, any violation of any local policy or laws by a User, Get Lucky Production reserves the right:
Get Lucky Production acts in its own name and does not execute any legal act in the name of or on behalf of Artist Vendors, or their Representative, Vendors or Buyers, who establish contracts directly between themselves.
Get Lucky Production is not a party to contracts between Artist Vendors, or their Representative, and Buyers, or between Vendors and Buyers, and shall under no circumstances be held liable in respect of difficulties which may occur during the conclusion or fulfilment of such contracts, nor be a party to any potential disputes whatsoever between an Artist Vendor, or their Representative, and a Buyer, or between a Vendor and a Buyer, especially concerning the delivery of Works, guarantees, declarations or any other obligations to which the Artist Vendor, their Representative, the Vendor or the Buyer would be bound.
However, in order to constantly improve the quality of the Services, Get Lucky Production invites Users to submit all comments and information that they may wish to bring to its attention concerning the quality of transactions made using the Services.
The systems, software, structures, infrastructures, databases and content of any nature (text, images, graphics, music, logos, trademarks, databases, etc.) used by Get Lucky Production on the Website, and in particular, the reproductions of Works on the Website, are protected by all intellectual property rights, or database creators’ rights, in force. Any dismantling, de-compilation, deciphering, extracting, reusing, copying and generally any reproduction, representation, publishing or use of all or part of any of these items, without the authorization of Get Lucky Production is strictly forbidden and could be the subject of a lawsuit.
Get Lucky Production practises a policy of protection of personal data, the characteristics of which are detailed in the document "Charter Concerning the Protection of Personal Data", which Users are expressly invited to read, on the Website, in the Legal Notices.
Get Lucky Production can in no way be held liable for the technical availability or unavailability of Internet websites or mobile applications operated by third parties (including its potential partners) that Users may access through links on the Website.
Get Lucky Production shall not be held liable for content, advertisements, products and/or services available on such third-party websites or mobile applications and Users are hereby reminded that these websites are governed by their own terms and conditions of use.
Get Lucky Production shall not be held liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners) to whom Users may be oriented through the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
Subscription to Services is taken out for a term of unlimited duration.
Users can opt out of the Services at any time from their Personal Space.
Their subscription will be cancelled immediately upon opting out. This shall cause the automatic deletion of their Account.
Get Lucky Production reserves the right to unregister at any time from the Services any User who does not comply with these General Terms and Conditions of use of the Website.
Get Lucky Production reserves the right to amend these General Terms and Conditions at any time.
Users shall be informed of these amendments through any pertinent channel.
Any User that does not agree with the amended General Terms and Conditions must opt out from the Services according to the provisions set out in Article 17.
Any User who uses the Services after the entry into force of the amended General Terms and Conditions shall be deemed to have accepted these amendments.
In the event that these General Terms and Conditions are translated into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
These General Terms and Conditions are governed by French law.
In the event of dispute concerning the validity, interpretation and/or application of these General Terms and Conditions, all parties hereby agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.
These General Terms and Conditions became effective on 14 April 2016.