Terms and conditions of use
PREAMBLE
Welcome Prints is a marketplace, accessible from the website www.welcome-prints.com, a
service offered by Welcome Prints S.A.S with a capital of €1000, headquartered at 34 CR 316
du Beausset à Signes, 83330 Le Beausset.
At Welcome Prints, our ambition is to promote original art prints handmade around the
world. The Welcome Prints marketplace (the “Marketplace” or the “Site”) is a platform
connecting buyers and sellers (the “Sellers”) to enable them to offer their prints (the
“Artworks”) to Buyers and to conclude direct sales with them.
1. DEFINITIONS
“Buyer“: Refers to any User of the Site who has an account, whether or not, they have already
purchased Artworks from Sellers on the Site.
“Order“: refers to the request made by the Buyer.
“Buyer Account(s)“: refers to the personal account of the User made available to them on the
Site, allowing them to benefit from the Services. The User can, following the creation of their
Account, place orders and purchase Artworks on the Site.
« Seller account » or « Seller booth » : Refers to the Account that the Seller creates on the
Site in order to grant access to a personalized selling space.
Terms of Use for Users : refers to the General Terms of use for Users, accessible on the Site,
also referred to as “User TOU”.
Terms of Use for Sellers : refers to the General Terms of Use for Sellers, accessible on the
Site, also referred to as “Seller TOU”.
General Terms of Sale : refers to the general terms of sale, accessible on the Site, also
referred to as “GTS”.
“Content(s)“: refers to any content provided by a User and published on the Site such as
product, name, pseudonym, data, information, text, description, image, photograph, sound
file, video, logo, and in general, any other element provided by the Buyer and the Seller on
the Site, whether at the stage of registration, in an electronic message, on the Seller Booth, or
by any other means not specifically addressed here.
“Personal Data“: any information relating to an identified or identifiable natural person.
“Marketplace“: refers to the Marketplace on which the Buyer can purchase Artworks add
online by Sellers on their own Seller Booth.
“Prints“: refers to all Artworks offered for sale on the Site by Sellers.
“Service(s)“: refers to all services offered by Welcome Prints as described in these TOU.
“Site“: refers to the Welcome Prints platform (including “The Marketplace”) allowing access
to the Services and available at the address www.welcome-prints.com (or any additional or
substitute address or site).
“User“: refers to any person using the Site, in any capacity, whether they have a designated
personal account under “My Account” or not.
“Seller(s)“: refers to any person offering Artworks for sale on the Site.
“Third Party“: refers to any person, natural or legal, outside of these TOU.
“Transaction“: A transaction refers to any exchange concluded between a Buyer and a Seller
on the Marketplace, including the purchase or sale of an artwork.
1. SCOPE OF APPLICATION
These General Terms of Use (hereinafter referred to as “the TOU”) are intended to define the
terms and conditions under which Welcome Prints provides Users with the Site and the technological tools used and determine the obligations of the Welcome Prints Site.
The User accepts, without reservation, these TOU in their entirety before any use of the Site and its services.
The mere use of the Site automatically implies acceptance by the User of these TOU. They apply for the entire duration during which the User uses the Site. The User undertakes to respect the rules on each of their visits. These TOU may be revised at any time. They are accessible at any time on the website www.welcome-prints.com and shall prevail, if applicable, over any other version or contradictory document. These User TOU are supplemented by the Seller TOU and the GTS.
2. SERVICES
The Welcome Prints Site is accessible 24 hours a day, 7 days a week.
In the form of a Marketplace, the Site offers Users the opportunity to browse the catalog of Artworks add online by Sellers. Users also have the option to view artist/printers profiles as well as the Site’s Journal. Users also have the option to create an account to purchase Artworks.
Purchases made are subject to the General Terms of Sale accessible on the website www.welcome-prints.com. We encourage Users to consult these conditions before making any purchase.
3.INTELLECTUAL PROPERTY
3.1 Intellectual Property of Welcome Prints
The User undertakes to respect the intellectual property rights of Welcome Prints, including its trademarks as well as the intellectual property rights related to the Site. All elements of the Site, including designs, photographs and images, texts, the overall structure and hierarchy, graphic charts, databases, logos, domain names, and trademarks including notably the name Welcome Prints as well as all documents or files, are protected by intellectual property law and are the exclusive property of Welcome Prints. Consequently, the User undertakes not to reproduce, represent, distribute, modify, grant or license all or part of the elements of the Site, including audiovisual, graphic and/or literary elements, without the express and prior consent
of Welcome Prints.
3.2 Seller’s Intellectual Property
The Seller owns the content and photographs of the Artworks that it communicates on the Site via its Seller Booth. The User undertakes to respect the intellectual property rights of each Seller. Consequently, the User undertakes not to reproduce, represent, distribute, modify, grant, or license the Artworks and all content published in the Seller Booth of each Seller without the express and prior consent of the Sellers.
4. Personal Data
Personal Data refers to any information concerning a natural person who can be identified, directly or indirectly.
Personal data is protected by the provisions of the French law “Informatique et Libertés” n°78-17 of January 6, 1978 as amended and by the provisions of EU Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, which Welcome Prints undertakes to respect and enforce by its employees/collaborators.
Personal Data collected on the site is primarily used for specific and defined purposes, such as the operation of the site, the use of cookies via services such as Google Analytics or social networks.
Users have, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing with regard to information concerning them. To exercise this right, they may contact Welcome Prints at the following email address: support@welcome-prints.com. Personal information provided by Users will be deleted no later than six months after the deactivation of their account. Welcome Prints reserves the right to retain certain data to
justify, if necessary, the perfect execution of its contractual or legal obligations. The data retained will be strictly limited to what is necessary to operate the service.
5. COOKIES
By accepting these TOU, the User acknowledges that during their browsing on the Site, a cookie may be automatically installed on their browser.
The User agrees to the use of cookies during their browsing on the Site, failing which certain functionalities of the site may be denied to them.
There are three categories of cookies: functional cookies, analytical cookies, and third-party cookies. Functional cookies adjust the display of the site to the User’s preferences (language, resolution, operating system) based on the hardware and software they use. They also facilitate searches by retaining search settings and saved ads. Analytical cookies generate statistics on site traffic and contribute to the improvement of the site. Finally, third-party cookies are not stored by Welcome Prints, but by third-party partners, for the purpose of displaying targeted advertisements.
These cookies enable faster and more efficient navigation on the Site for the User. If the User wishes to disable cookies through the settings of the browser used to access the Site, they may do so at any time.
6. Site Responsibility
Due to its role as a mere intermediary, the company Welcome Prints cannot be held responsible for disputes arising between Users. Unless otherwise provided by law, each User releases Welcome Prints (as well as any officer, director, and employee of the company) from any liability in case of claim, dispute, and/or litigation between Users, and/or any present or future damage, presumed or not, identified or not, resulting directly or indirectly from such claim, dispute, and/or litigation. Furthermore, being bound only by an obligation of means, Welcome Prints shall only be liable for direct damages that are exclusively attributable to a contractual fault committed by it. However, it shall in no way be liable for any damage suffered by a User in connection with the use of all or part of the Platform or the impossibility to use all or part of the Platform. Similarly, Welcome Prints shall not be held responsible for any malfunction, delay, or interruption in access to the Internet network. As a host of the Content posted online by its Sellers, Welcome Prints’ liability cannot be engaged for the Content published on its Platform.
Users are encouraged to alert Welcome Prints in case of non-compliance with these TOU observed on the site. Welcome Prints undertakes to make every effort to execute these TOU diligently. Welcome Prints implements all reasonable means at its disposal to ensure quality dissemination and access to the Services.
Welcome Prints undertakes to use its best efforts to secure access and use of the Site and is free to choose the most appropriate form and technical means to make all functionalities of the Site available to users. The Site will be accessible 24 hours a day, 7 days a week. By way of derogation, the Site may be temporarily unavailable during corrective or evolutionary maintenance operations necessary for the proper functioning of the Site and in the event of an event beyond Welcome Prints’ control. Maintenance operations will take place at the discretion of Welcome Prints, which will endeavor to notify Users by email within 48 hours before the implementation of such operations, when possible.
In the event of a technical failure affecting the operation of the Site, Welcome Prints undertakes to make its best efforts to restore the operation of the Site as soon as possible.
Welcome Prints cannot be held responsible for external intrusions, the presence of computer viruses in the computer system of any user of the Site, or the possible consequences of total or partial alteration of the operation of the Site.
Welcome Prints cannot, due to the specificities related to the services provided by the Internet, guarantee the continuity of the Services. Welcome Prints and/or its providers cannot be held responsible for any malfunction of the network or servers or any other event beyond their reasonable control that would prevent, degrade access to the Services, or cause any damage. Welcome Prints cannot be held responsible for any loss of data, time, opportunity, or indirect damages related to the Use of the Site.
Welcome Prints disclaims all liability in the event of unavailability of the Services resulting from a case of force majeure, including:
Unavailability of the internet network.
The Site may contain hyperlinks to websites or resources from Third Parties. In this respect, each User acknowledges that Welcome Prints is not responsible for the availability or accuracy of these websites or resources, the content, products, or services available on or from these websites or resources. The presence of links to such websites or resources does not in any way indicate that Welcome Prints endorses them, or their content, products, or services offered therein. The User acknowledges that they are solely responsible and assume all risks associated with the use of all websites or resources, or the content, products, or services
offered by these websites or resources.
- Any computer hardware anomalies.
- Unforeseeable and insurmountable facts of a Third Party to the contract.
- Unavailability of the internet network.
The Site may contain hyperlinks to websites or resources from Third Parties. In this respect, each User acknowledges that Welcome Prints is not responsible for the availability or accuracy of these websites or resources, the content, products, or services available on or from these websites or resources. The presence of links to such websites or resources does not in any way indicate that Welcome Prints endorses them, or their content, products, or services offered therein. The User acknowledges that they are solely responsible and assume all risks associated with the use of all websites or resources, or the content, products, or services
offered by these websites or resources.
7. SEVERABILITY
If any provision of these Terms of Use is declared null, illegal, or unenforceable, such nullity, illegality, or unenforceability shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
8. Mediation
The User and Welcome Prints shall endeavor to amicably resolve any disputes that may arise concerning the validity, interpretation, or execution of these terms. In the absence of an amicable agreement, the User may resort to a conventional mediation procedure or any other alternative dispute resolution method. The User has the right to resort to a consumer mediator for the amicable resolution of any dispute concerning the execution of these TOU, as provided for in articles L.611-1, R.612-1 and following of the Consumer Code. The User will find the list of mediators on the government website dedicated to this purpose: http://www.mediateurfevad.fr/.
9. JURISDICTION
These TOU are governed by and subject to French law.
In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.
In the event of any discrepancy and in the absence of an amicable resolution, the courts within the jurisdiction of the registered office of Welcome Prints are expressly designated as competent. This designation applies even in the case of multiple defendants or third-party claims, including for emergency procedures, conservatory procedures, summary judgments, or petitions.