Terms and Conditions of Sale – TCS

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, whose registered office is located at 34 CR 316 du Beausset, Signes, 83330 Le Beausset.

At Welcome Prints, our ambition is to promote original art prints, handcrafted all over the world. The Welcome Prints marketplace (the “Marketplace” or the “Site”) is a platform that connects Buyers and Sellers (the “Sellers”) to allow them to offer their prints (the “Artworks”) to Buyers and to conclude direct sales with them.

The Marketplace is not the seller of the Artworks purchased through the website www.welcome-prints.com. Sales of Artworks are concluded directly between the Buyer and the Seller. Welcome Prints provides the Site to facilitate the connection between the Buyer and the Seller. Welcome Prints does not intervene in any way in the execution of sales on the Site and cannot be considered, in this respect, as a party to the exchanges and agreements concluded between Buyers and Sellers.

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, in order for them to benefit from the Services. The User may, 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 booth.

“User General Terms of Use”: refers to the general terms of use for Users, accessible on the Site, also referred to as “User TOS”.

“Seller General Terms of Use”: refers to the general terms of use for Sellers, accessible on the Site, also referred to as “Seller TOS”.

“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 email, on the Seller’s booth or by any other means not specifically addressed here.

“Personal Data”: any information relating to an identified or identifiable natural person, directly or indirectly.

“Marketplace”: refers to the marketplace on which the Buyer can purchase Artworks listed by Sellers on their booths.

“Artworks”: refers to all Artworks listed for sale on the Site by Sellers.

“Service(s)”: refers to all services offered by Welcome Prints as described in these TOS.

“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 whatsoever, whether or not they have a personal account designated under “My Account”.

“Seller(s)”: refers to any person offering Artworks for sale on the Site.

“Third Party”: refers to any person, whether natural or legal, outside of these TOS.

“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

These General Terms of Sale (hereinafter referred to as “the GTS”) aim to define the terms and conditions of online sales of Artworks present on the Welcome Prints Site.
Both the Seller and the Buyer must accept without reserve all of these General Terms of Sale for the sales contract to be concluded. This acceptance is materialized by the Buyer checking
a box when placing an order.
These GTS are subject to revision at any time. They are accessible at any time on the website www.welcome-prints.com and shall prevail, if necessary, over any other version or conflicting document. These GTS are supplemented by the Seller TOS and the User TOS.

2. Creation of a Buyer Account

The creation of a Buyer Account is subject to the provision of various data such as name, first name, age, country, email, address, phone number, and a password for identification purposes. If the User is a professional, a business identification number will be requested in order to validate the creation of their Account. To create a Buyer Account, all mandatory fields on the registration form must be completed. The GTS as well as the Personal Data Protection Charter must have been read and accepted by the User. Following the request for Account creation, the User will receive an email containing a link to definitively validate the creation of their Account. By proceeding with the creation of this Account, the User undertakes to provide only accurate and personal information. The identifier and password of the Buyer Account are strictly personal and confidential. The User undertakes to guarantee the confidentiality of the chosen identifier and password when creating the Buyer Account and undertakes not to disclose them to Third Parties. Welcome Prints reserves the right to refuse any new request for the creation of a Buyer Account on the Site, coming from a User whose Buyer Account has been closed twice.

3. Account Closure

Registration is valid for an indefinite period, and the User is free to end their use of the Services at any time by requesting directly from the Welcome Prints team, either by sending an email to the following address: support@welcome-prints.com or by clicking on “delete my account” in their account. Welcome Prints will proceed to close the Buyer Account within a maximum period of five (5) working days from the deletion request. The User is informed that the deletion of the Buyer Account may in some cases take more than one week (6) working days, especially depending on the specific circumstances of the deletion request
(ongoing orders, disputes, etc.). In any case, the Buyer remains responsible for all uses made of the Services under their identifiers until the effective closure of the accounts. Following the closure of the accounts, Welcome Prints reserves the right to retain in its archives, within a period in accordance with applicable legal provisions, all information relating to the User that may resolve a dispute or contribute to the execution of these GTS. However, the User’s information will no longer be accessible on the Site.

4. Suspension and Termination

Failure by the Buyer to comply with these GTS and/or the unlawful and/or abusive use of the Services will give Welcome Prints the right to interrupt, suspend, or delete access to the Services, without prejudice to the right to any damages to which Welcome Prints may be entitled. Any suspension or deletion of the Buyer Account will be notified by sending an email.

5. Placing an Order

Firstly, it is specified that if the Buyer wishes to place an order with different Sellers, they must place a separate order with each Seller.

It is the responsibility of the Buyer to select the Artworks they wish to order on the website www.welcome-prints.com, according to the following procedures:

  • The User must create an account on the website www.welcome-prints.com in order to purchase available Artworks.
  • They must then log in to their Buyer Account.
  • The Buyer adds the Artwork(s) to their cart and views the contents of their cart.
  • The Buyer has the option to review the details of their order, its total price, and correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or rectify any errors.
  • Prior to placing the order, the Buyer will familiarize themselves with the essential characteristics of the Artworks in the descriptive sheets posted online by each Seller, including the technique, support, format, as well as the Seller’s comments about the Artwork and its sales conditions.
  • Recording an order on the website www.welcome-prints.com is done when the Buyer accepts these General Terms of Sale by checking the box provided for this purpose and validates their order.
  • This validation implies the acceptance of the entirety of these General Terms of Sale. • After validation, the sale is completed, and the price is debited from the Buyer’s bank account.
  • An email confirming the acceptance of their order is immediately sent to them by the Site. At the same time, the Seller of the selected Artworks is immediately informed by the Site of the Buyer’s order. Each Seller reserves the right to refuse an order or to carry out or not a delivery to a Buyer with whom a payment dispute is ongoing. As an intermediary between Buyers and Sellers, Welcome Prints does not intervene in the orders of Artworks. Buyers and Sellers will settle the details of a given order between themselves. Welcome Prints cannot be held responsible in case of order failure, Artwork out of stock, or any dispute that may arise between Buyers and Sellers. Unless proven otherwise, the data recorded in the Marketplace’s computer system constitutes proof of all transactions concluded between the Seller and the Buyer. The Buyer can track the progress of their order on the website www.welcome-prints.com directly in their Buyer Account.

6. Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

7. Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal or in cases of force majeure.

8. Payment of the order

Payment for an order is made by credit card: Visa, Mastercard, CB. Payment by credit card on the Site is protected by a secure remote payment system, called “3D SECURE.” 3D Secure payment is valid for payments by Carte Bleue, Visa, and Mastercard. It allows payment by authentication and guarantees the protection of confidential data and transaction security. The Buyer’s identity and the validity of their banking data are verified by the bank before validating the transaction. Stripe, the financial intermediary of the Welcome Prints Site, handles payments on the Site. For more information, we invite Buyers and Sellers to consult the general terms of use of Stripe’s services link.

9. LIVRAISON

The Artworks will be delivered by the Seller or any person designated by them, on behalf of the Seller, directly to the Buyer, according to the Buyer’s choice made during the order on the Site (desired delivery address). The Seller undertakes to ship the Artworks within the timeframe indicated in their Space (excluding vacation periods communicated by the Seller). This timeframe starts from the Seller’s receipt of the order transmitted by Welcome Prints. The Seller undertakes to communicate to Welcome Prints the various stages of the shipment of the Artwork:

  • Preparation of the order of Products
  • Shipping of the Products
  • Delivery of the Artworks to the Buyers

The Seller must provide the above information in their Seller Space on the Site. If the Seller encounters a difficulty in managing the Buyer’s order (price error, out of stock, delay or delivery issue, etc.), they undertake to inform Welcome Prints as soon as they become aware of the difficulty. The Parties will endeavor to collaborate to find a satisfactory solution for the Buyer. The Buyer is duly informed that Welcome Prints reserves the right to refuse, suspend, terminate, or cancel any order, notably but not exclusively in cases of abuse, insolvency, or non-performance of its obligations as a Buyer. In case of refusal, suspension, cancellation, or termination of the Buyer’s order, for any reason whatsoever, or in case of difficulty encountered in the execution of the order, Welcome Prints undertakes to inform the Buyer and the Seller. Depending on the country of shipment of the Artwork and the country of delivery, the Artwork may be subject to import duties and taxes which will only be applied upon delivery of the Artwork to the destination. The Seller as well as Welcome Prints have no control over these fees and cannot predict their amount.

10. RIGHT OF WITHDRAWAL

It is the responsibility of each Seller to mention in their General Terms of Sale appearing on the page of each Artwork they offer for sale in their Seller Space, the withdrawal period granted to Buyers, whether it is legal or offered or extended on a commercial basis. This period starts from the day the Buyer receives the Artwork, during which the Buyer may, request to exercise their right of withdrawal without having to provide a reason.
To exercise their right of withdrawal, the Buyer must contact Welcome Prints by email at the following address: support@welcome-prints.com, providing the information contained in the withdrawal form made available in Welcome Prints’ GTS. It is then up to Welcome Prints to notify the Seller by sending them an email. The Buyer undertakes to return the Artwork to the Seller within 10 working days following their withdrawal request. Please note that this period may vary according to the GTS of each Seller.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), allowing them to be resold in new condition, accompanied by the purchase invoice. Artworks returned in a damaged or soiled condition by the Buyer will not be accepted for return or refunded. This decision will be made at the sole discretion of the Seller. The refund covers the price of the Artwork paid by the Buyer. Regarding shipping costs, it is up to each Seller to mention in their General Terms of Sale if, in accordance with applicable law, outbound and/or return shipping costs are to be refunded to the Buyer in the event of exercising their right of withdrawal. Failing that, outbound shipping costs will be refunded to the Buyer while return shipping costs will be at the Buyer’s expense.

11. Product Returns, Warranty, and After-Sales Service

The conditions for exercising their rights (withdrawal or implementation of a legal or contractual warranty) by the Buyers are defined by the Seller during the creation of their account and the input of their General Terms of Sale. The General Terms of Sale of each Seller are available on the Site. In case of implementation of a legal or contractual warranty, the Seller undertakes to provide a solution to the Buyer within a maximum period of three working days (except during a closure period mentioned by the Seller) from the sending of the acknowledgment of receipt of the Buyer’s request (for example, by indicating the return procedures for the Product or the possibility of opting for a refund or replacement of the Product). Welcome Prints will be informed of the exchanges between the Seller and the Buyer as it will serve as an intermediary between the two. In the event that the Seller does not comply with the aforementioned deadlines or with contractual, conventional, legal, and regulatory provisions applicable to the relevant Product, Welcome Prints may, if deemed necessary, contact the Buyer to propose a satisfactory solution. If the solution proposed by the Seller following the exercise of their rights by the Buyer does not fully satisfy the Buyer, the Buyer may file a complaint regarding a Product directly with Welcome Prints. Welcome Prints will inform the Seller, and the Parties will endeavor to collaborate in good faith to find a satisfactory solution for the Buyer. 

12. CONFIDENTIALITY

12.1 Intellectual Property of Welcome Prints

The Buyer 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 designs, databases, logos, domain names, and trademarks including notably the name Welcome Prints as well as all documents or files, are protected by intellectual property rights and are the exclusive property of Welcome Prints. Accordingly, the Buyer agrees 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 prior consent of Welcome Prints.

12.2 Intellectual Property of the Seller

The Seller owns the content and photographs of the Artworks that they communicate on the Site in their Seller Space. The Buyer undertakes to respect the intellectual property rights of each Seller. Accordingly, the Buyer agrees not to reproduce, represent, distribute, modify, grant, or license the Artworks and all content published in the Seller Spaces of each Seller without the express prior consent of the Sellers.

13. Personal Data

13.1 Data Protection

In the context of their contractual relationship, Welcome Prints and the Sellers are required to collect and process personal data concerning the Buyers. Personal Data refers to any information concerning an identified or identifiable natural person. These personal data are 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 the EU Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and on the free movement of such data, which Welcome Prints and the Sellers undertake to respect and ensure compliance with by their employees / collaborators.

13.2 Processed Data

Welcome Prints acts as an independent data controller for purposes including the creation and management of the User Account, conducting prospecting activities and statistical analysis, and fraud prevention. Once the User places an order on the Welcome Prints platform, the Parties act as joint data controllers for the purpose of processing the order through the Welcome Prints platform and solely for that purpose. The Seller then acts as an independent data controller for the purposes of managing order delivery and product warranty
tracking, and solely for these purposes. To this end, it acknowledges sole responsibility for carrying out the said processing on legal bases in accordance with the Regulations in force (consent, legitimate interest, legal obligation, contract performance, etc.). Welcome Prints shall in no way be liable for any non-compliant processing carried out by the Seller, under its sole responsibility. The Seller may not process Personal Data for purposes other than those covered by the aforementioned purposes, unless it has obtained prior consent from Welcome Prints, and under no circumstances for commercial purposes (commercial prospecting, resale,
etc.). The Seller already releases Welcome Prints from any liability in this regard. Any detected infringement may trigger legal action by Welcome Prints. In the case of reciprocal data transfers between Welcome Prints and the relevant Seller, they undertake to process them only in accordance with the purposes described above. The Buyer has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing regarding information
concerning them. To exercise this right, they can contact Welcome Prints at the following address: support@welcome-prints.com Personal information provided by the Buyer will be deleted no later than 3 months after the deactivation of their account. Welcome Prints reserves the right to retain certain data to justify, if necessary, the perfect performance of its contractual or legal obligations. The retained data will be strictly limited to what is necessary to operate the service.

14. Authorized Uses

By accessing the Site, the Buyer undertakes to use the Services in accordance with the terms herein. They agree to use the Services fairly, in compliance with these T&C, and in accordance with applicable laws and regulations, public order, and the rights of third parties. In this regard, the Buyer undertakes not to use the Services for unlawful purposes or in a manner constituting fraud against Welcome Prints, other Users, or third parties. The Buyer undertakes not to fraudulently introduce data, including viruses, malicious code, or any other technology that may disrupt the proper functioning of the Services. The Buyer takes all appropriate measures to ensure the security of their own data, including usernames and passwords, and the backup of User information and Content. Each Buyer may report at any time to the following address: support@welcome-prints.com, any or all content on the Site, abusive use, or any malfunction of the Site and/or Services that could impair their proper use of the Site and Services.

15. Technical Support

The Buyer acknowledges the possibility for Welcome Prints to interrupt, temporarily suspend, or modify access to all or part of the Services, without notice, to ensure maintenance or for any other reason, without such interruption entitling them to any obligation or compensation. The Buyer has the option to inform Welcome Prints of any difficulties encountered during the use of the Services at the following address: support@welcome-prints.com

16. SITE RESPONSIBILITY

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 shall not be liable for external intrusions, the presence of computer viruses in the Buyer’s or any User’s computer system, any consequences of total or partial malfunctioning of the Site resulting from improper use by a User, or the non-operation or slow operation of the Buyer’s telecommunication network, with the understanding that it is the
Buyer’s responsibility to ensure they log out of their Account at the end of their session on the Site. Welcome Prints cannot be held responsible for any loss of data, time, opportunity, or indirect damages related to the use of the Site.

17. Severability

If any provision of these General Terms and Conditions is declared null, illegal, or unenforceable, such nullity, illegality, or unenforceability shall not affect the other provisions herein, which shall remain in full force and effect.

18. Force Majeure

Force majeure is defined as any external, unpredictable, and irresistible event within the meaning of Article 1218 of the Civil Code and according to the definition adopted by French jurisprudence. If either Party becomes aware of such an event, it must immediately inform the other Party and provide justification for its inability to perform its obligation. The Parties shall not be held liable for non-performance or delay in the performance of any of their obligations due to force majeure. If force majeure events are definitive or have a duration of more than 1 month, these General Terms and Conditions are automatically terminated, unless otherwise agreed by the parties.

ANNEXE 1 – Provisions regarding legal warranties

Article L217-4 of the Consumer Code

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when this was its responsibility under the contract or was carried out under its responsibility.

Article L217-5 of the Consumer Code

  • Be suitable for the purpose usually associated with such a good and, if applicable: correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling
  • Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller, and accepted by the latter.

Article L217-12 of the Consumer Code

The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee granted to him/her at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee remaining to run. This period runs from the date of the buyer’s request for intervention or the availability for repair of the relevant goods, if this availability is after the request for intervention.

Article 1641 of the Civil Code

The seller is liable for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it if they had known about them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

.

ANNEXE 2 – Withdrawal Form

This form must be completed and returned only if the Buyer wishes to withdraw from the order placed on www.welcome-prints.com, except for exclusions or limitations on the exercise of the right of withdrawal under the applicable General Terms and Conditions.

Attention to:

  • Order date: ……
  • Order number: …………………………………………
  • Buyer’s name: …………………………………………………….
  • Buyer’s address: ………………………………………………………..

Buyer’s signature (only if this form is notified on paper):