Terms and Conditions of Sale, ARTDELION
This English version is provided for information only. In the event of any discrepancy, the French version alone is legally binding (article 14).
Article 1, Identification of the seller and of the intermediary
The ARTDELION platform is operated by an artist agency acting as agent and intermediary between artists (sellers) and collectors (buyers).
- Email: contact@artdelion.com
- Site: https://artdelion.com/
- Business address: 2 rue du Vert Buisson, 95300 Pontoise, France
- SIREN: 101 477 651 · SIRET: 101 477 651 00018 · APE code: 7490B
- Telephone: +33 6 66 91 55 75 (standard rate)
- Tax status: micro-entreprise, VAT not applicable (article 293B of the French General Tax Code)
As intermediary, ARTDELION receives a commission on each sale made through the platform. The contract of sale is concluded directly between the seller and the buyer. That commission is payable by the seller: no intermediary fee is charged to the buyer.
Article 1 bis, Status of the seller
In accordance with articles L.111-7 and L.221-14 of the French Consumer Code, ARTDELION states the status of the seller on every work page.
Works sold by the artist. The seller is a professional. The buyer benefits from all the protections of the Consumer Code, including the fourteen day right of withdrawal and the statutory guarantee of conformity.
Works sold by a private collector (section « Private Collection Paris »). The seller is a private, non professional individual. Consequently:
- the statutory guarantee of conformity of articles L.217-3 et seq. of the Consumer Code does not apply;
- the sale is governed by the guarantee against hidden defects of articles 1641 et seq. of the Civil Code and by the general law of obligations;
- ARTDELION nevertheless grants the buyer, as a commercial guarantee and on terms identical to those of the law, a fourteen day right of return (article 8) and a one year guarantee of conformity (article 9).
Article 2, Scope
These terms apply to all purchases and reservations made on the platform. Any order placed on ARTDELION implies full and unreserved acceptance of these terms.
Article 3, Works and descriptions
Photographs and descriptions are faithful to the works. Slight variations in colour or dimensions may occur. Dimensions are given in centimetres, with a possible variance of 2 to 5 per cent.
Article 3 bis, Commission and remuneration of the intermediary
ARTDELION receives a commission agreed contractually with each artist. It is paid after the price has been collected. Payments are made by secure bank transfer. VAT is not applicable under the French small business exemption scheme.
Article 4, Prices
Prices are in euros and are final net prices. No tax is added to the displayed price. Transport, delivery and insurance costs are invoiced in addition. The total amount, including those costs, is given before the order is confirmed.
Article 5, Acquiring and reserving a work
Any work may be reserved by paying a deposit, 300 euros by default. The deposit withdraws the work from sale immediately and is deducted in full from the acquisition price. ARTDELION contacts the buyer within 24 working hours to complete the sale.
If the sale is not completed by ARTDELION or by the artist, the deposit is refunded within 14 days. After the withdrawal period, if the buyer gives up the purchase, ARTDELION may retain the deposit by way of compensation.
Article 6, Payment
Payments are secured through Stripe (PCI-DSS certified). Accepted means: bank cards (Visa, Mastercard, American Express) and bank transfer for sales above 500 euros. Payment is due in full on ordering.
Article 7, Delivery, packing and transport
7.1 Area and time limits
Works are shipped from mainland France. Delivery takes place no later than thirty days after the contract is concluded, unless another period has been agreed. The buyer may terminate the sale if the work is not delivered.
7.2 Packing
Every work is packed appropriately. Works of 122 cm or more are shipped in a made to measure wooden crate.
7.3 Carriers
ARTDELION uses only carriers specialising in works of art, or express services with a declared value.
7.4 Transport costs
Costs vary with dimensions, weight and destination. For monumental works (over 122 cm or over 30 kg), a named quotation is issued before any commitment.
7.5 Insurance
Every work shipped is insured ad valorem up to its
7.6 Transfer of risk
The risk of loss or damage passes to the client at the moment when the client, or a third party designated by the client, takes physical possession of the work. ARTDELION bears the risk during transport.
7.7 Receipt and reservations
The client must check the condition of the work on delivery. In the event of damage, the client must write precise reservations on the delivery note and inform ARTDELION promptly, with photographs.
Article 8, Right of withdrawal
8.1 General principle
The client has fourteen days from receipt of the work to exercise the right of withdrawal, without giving reasons and without penalty.
The decision must be notified by registered letter or by email to contact@artdelion.com. The work must be returned in its original condition, carefully packed, within fourteen days of sending the notice of withdrawal. Return costs are borne by the client.
ARTDELION refunds all sums paid within fourteen days of receiving the returned work or proof of its dispatch.
8.2 Exclusions from the right of withdrawal
The right does not apply to works personalised or made to the buyer's individual specifications.
8.3 Condition of the returned work and depreciation
The client may examine the work as they would in a gallery. The client is liable for any depreciation resulting from handling other than what is necessary to establish the nature and characteristics of the work. A sum corresponding to the loss of value may be withheld from the refund, supported by objective evidence such as photographs or expert opinion.
8.4 Packing of the return
The work must be returned in its original packing or the equivalent. Works delivered in a wooden crate must be returned in that same crate.
8.5 The reservation deposit
The deposit is refunded in full where the right of withdrawal is exercised.
Article 9, Statutory guarantees
9.1 Statutory guarantee of conformity
For works sold by the artist, the guarantee applies for two years from delivery. For works from a private collection, ARTDELION grants a guarantee of conformity of one year from delivery.
Where there is a defect, the buyer may ask for repair or replacement. For a
9.2 Guarantee against hidden defects
The seller guarantees the buyer against hidden defects making the work unfit for its purpose. The buyer must act within two years of discovering the defect.
9.3 Authenticity
Where a certificate of authenticity is issued, it is handed over signed by the artist on delivery. Not every artist issues one, and each work page states beforehand what accompanies the piece. Should authenticity be disputed, the buyer has a remedy within thirty days of receipt.
Article 10, Liability
ARTDELION cannot be held liable for errors in descriptions, damage during transport, indirect or immaterial damage, or interruptions of the platform. Liability is limited to the sums paid by the buyer.
Article 11, Protection of personal data (GDPR)
Personal data collected is processed in accordance with the GDPR and the French Data Protection Act.
Purposes: managing orders, sending quotations, notifications, improving the platform.
Data is neither sold nor transferred for commercial purposes. It may be passed to technical providers (Stripe, carriers) in order to perform the order.
Rights of access, rectification, erasure, portability and objection may be exercised at contact@artdelion.com. A complaint may be lodged with the CNIL. Payment data is processed by Stripe, certified PCI-DSS level 1.
Article 12, Intellectual property
Buying a work does not transfer copyright. The artist retains all moral and economic rights. The buyer may not reproduce, publicly exhibit or commercially exploit the work without the artist's prior written agreement.
Article 13, Mediation and settlement of disputes
Where a dispute is not resolved, the consumer may refer the matter free of charge to a consumer mediator. Failing an amicable settlement, disputes are submitted to the competent court under the general law.
Article 15, The artist's resale right
For works resold at 750 euros or more, the author benefits from the resale right provided for in articles L.122-8 and R.122-2 et seq. of the French Intellectual Property Code, at the rate of 4 per cent for the first tranche of 50,000 euros.
This right is borne by the seller and is never passed on to the buyer: the displayed price remains the price paid. ARTDELION, as the intermediary receiving payment, handles its declaration and payment to the competent collecting society.
Article 14, Governing law
These terms are governed by French law. In the event of any contradiction between a translated version and the French version, the French version prevails.
Appendix 1, Model withdrawal form
In accordance with article R221-1 of the French Consumer Code. To be completed and returned only if you wish to withdraw from the contract.
To ARTDELION, contact@artdelion.com
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following work: ................................................
Ordered on: .................... Received on: ....................
Name of the consumer(s): ................................................
Address of the consumer(s): ................................................
Signature of the consumer(s) (only if this form is notified on paper): ....................
Date: ....................