Terms of Use of the Welcome Prints Online Sales Platform for Sellers

Welcome, we are delighted to have you as new members.

To ensure optimal use of our services, we invite you to read the Sellers’ Terms of Use (“Terms of Use for Sellers”) below.

We remain at your disposal if you have any questions.

Preamble

Welcome Prints is a marketplace accessible via the website www.welcome-prints.com, operated by Welcome Prints S.A.S., with share capital of €1,000, whose registered office is located at 34 CR 316 du Beausset à Signes, 83330 Le Beausset, France.

At Welcome Prints, our ambition is to promote and disseminate original, handcrafted art prints worldwide. The Welcome Prints marketplace (the “Marketplace” or the “Site”) is a platform connecting buyers (“Buyers”) and sellers (“Sellers”), enabling Sellers to offer their prints (the “Works”) to Buyers and enter into direct sales with them.

These Terms of Use (the “Seller Terms of Use”) apply in their entirety and constitute the essential and determining conditions governing any use of the Welcome Prints website (hereinafter the “Site” or the “Marketplace”) by any Seller for the purpose of selling Works to members of the public located in the countries where the Services are offered (hereinafter the “Seller”).

Use of the Site and, in particular, creation of a Seller Account, constitutes the Seller’s unconditional acceptance of the Seller Terms of Use in force at the time of acceptance.

The applicable Seller Terms of Use are those in force at the time of registration on the Site and acceptance of the Seller Terms of Use. Welcome Prints reserves the right to amend the Seller Terms of Use at any time. Any new version of the Seller Terms of Use will be brought to the Sellers’ attention and will apply under the conditions communicated to them. Welcome Prints also reserves the right to make any changes to the Site, without the Seller being entitled to claim compensation solely as a result of such changes.

The Seller also acknowledges having read and accepted the Guide for Listing Works for Sale, which forms an integral part of these Seller Terms of Use.

1. DEFINITIONS

“Buyer”: means any Site User who places an order with a Seller.

“Order”: means a purchase request made by a Buyer from a Seller through the Marketplace.

“Buyer Account”: means the User’s personal account made available on the Site in order to access the Services. Following creation of an Account, the User may place Orders and purchase Works on the Site.

“Seller Account” or “Seller Area”: means the Account created by the Seller on the Site, providing access to a customisable sales area.

“User Terms of Use”: means the general terms of use applicable to Users, available on the Site, also referred to as the “User Terms of Use”.

“Seller Terms of Use”: means these general terms of use applicable to Sellers, available on the Site, also referred to as the “Seller Terms of Use”.

“Terms and Conditions of Sale”: means the Seller’s terms and conditions of sale applicable to sales concluded with Buyers, available on the Site, also referred to as the “Terms and Conditions of Sale”.

“Content” or “Contents”: means any content provided by a User and published on the Site, including a product, name, pseudonym, data, information, text, description, image, photograph, audio file, video, logo and, more generally, any other element provided by a Buyer or Seller on the Site, whether during registration, in an email, in the Seller Area or by any other means.

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

“Seller Area”: means the area made available to the Seller on the Site to manage their Works, Orders and information.

“Marketplace”: means the marketplace on which Buyers may purchase Works listed by Sellers in their respective Seller Areas.

“Works”: means all Works offered for sale on the Site by Sellers.

“Prohibited Products”: means any Product whose sale is strictly prohibited on the Site.

“Service(s)”: means all services offered by Welcome Prints as described in these Seller Terms of Use.

“Site”: means the Welcome Prints platform, including the Marketplace, providing access to the Services and available at www.welcome-prints.com, or any additional or replacement website or address that may subsequently be used.

“User”: means any person using the Site, regardless of the capacity in which they use it, whether or not they have a personal account under “My Account”.

“Seller(s)”: means any person offering Works for sale on the Site.

“Third Party”: means any natural or legal person who is not a party to these Seller Terms of Use.

“Transaction”: means any transaction entered into between a Buyer and a Seller on the Marketplace, including in particular the purchase or sale of a Work.

2. SERVICES

The Welcome Prints Site is accessible 24 hours a day, 7 days a week, subject to maintenance periods, possible technical interruptions and events of force majeure.

As a marketplace, the Site provides Sellers with an area in which they can offer their Works for sale at prices determined by them. Sellers may receive Orders placed by Buyers, receive the sale proceeds of their Works, less the applicable commission and any applicable fees, package their Works and arrange their delivery. Sellers are responsible for managing Orders, shipping and, where applicable, after-sales service for the Works.

The Marketplace is not the seller of Works purchased through the Site. Sales of Works are concluded directly between the Buyer and the Seller. Welcome Prints acts as a technical and commercial intermediary and is not a party to the sales contract concluded between the Seller and the Buyer.

3. Registration

Registration on the Site is subject to the provision of various details enabling the Seller to be identified. The application is then submitted to the Welcome Prints team, which will verify that the Seller produces Works meeting the objective selection criteria required by the Marketplace, namely:

Works manually printed on a flat medium such as paper;
Works that are numbered and produced in limited editions;
Works signed by hand;
These criteria apply to all techniques, including lithography, screen printing, drypoint, engraving, etching, aquatint, mezzotint, soft-ground etching, wood engraving, linocut, burin engraving, etc.;
The artist must have previously participated in exhibitions or publications or be able to demonstrate a professional artistic practice or relevant background.

Once the Seller’s application has been reviewed, Welcome Prints undertakes to respond as soon as possible, within a period of 4 to 8 business days from receipt of a complete application.

If the application is accepted, the Seller will receive an email containing a link enabling them to create their Seller Account.

Creation of a Seller Account is subject to the provision of various details:

As an individual, the Seller must provide their first name, last name, address, country, email address, username and password for identification purposes, as well as a website, Instagram account or portfolio presenting their artistic or printmaking work.

As a professional or on behalf of a legal entity, the Seller must provide their first name, last name, address, country, email address, SIRET number or equivalent professional identification number depending on the country concerned, username and password for identification purposes, as well as a personal website, Instagram account or any other website or social media account enabling Welcome Prints to access a portfolio of the artist or printmaking business.

Please note that if the Seller registers as a professional, they must indicate this status to Buyers. The Seller therefore undertakes to comply with the legislation applicable to their commercial activity, including accounting, social security and tax identification obligations, as well as any obligations applicable to professional sellers towards consumers.

The Seller Account username and password are strictly personal and confidential. The Seller undertakes to ensure the confidentiality of the username and password chosen when creating the Account and agrees not to disclose them to any Third Party.

The Seller Account enables the Seller to:

Upload their portrait, story and biography;
List their Works for sale and provide their Terms and Conditions of Sale;
View the history of recent Orders, invoices relating to purchases and provide after-sales service.

Welcome Prints reserves the right to refuse any new application to create a Seller Account on the Site from a Seller whose Account has previously been closed twice (2).

The Seller further undertakes not to engage in any conduct contrary to these Seller Terms of Use or, more generally, to applicable laws and regulations when using the Site. Failing this, the Seller may be held liable.

4. Product Descriptions, Visuals, and Prices

The Seller is free to determine how Works are presented and to set their selling prices on the Site. The price must be stated on the Site inclusive of all taxes and fees relating to the price of the Work, in the currency previously selected by the Seller. Delivery costs are displayed separately where applicable.

The Seller may choose to convert the price of their Work into the currencies available on the Site (€,$,£), or enter the desired currency and allow our system to perform the conversion automatically. Please note that automatic currency conversions are estimates and may vary depending on exchange rates.

As Welcome Prints is a marketplace for original, hand-printed art prints, Works offered for sale must meet certain criteria, including being signed, numbered and limited where the technique and nature of the Work allow this, and being manually printed.

For each Work offered for sale, the Seller undertakes to provide the following information (the “Data”):

The title of the Work;
The artist, even if the artist and Seller are the same person;
The technique(s) used;
The edition and numbering, except for monotypes;
The medium used;
The dimensions;
The Seller’s location, including country and city;
One or more images of the Work;
Any available options for the Work, such as colours or sizes;
The selling price of the Work on the Site;
Any applicable commercial warranties;
Information relating to the right of withdrawal and any applicable exceptions, in accordance with applicable legislation.

The Seller submits the Work description to Welcome Prints, which reserves the right to accept or refuse the listing of the Work for sale.

5. Data Modification and Updates

The Seller is responsible for their Seller Account and is free to modify the list and Data relating to Works marketed through the Site, including deleting them.

The Seller must ensure that the Data provided for the Works is complete, clear, written in English and/or French, and enables consumers to easily identify the characteristics of the Work.

The Seller undertakes to keep the information in their listings up to date, including by checking the availability of the Works and, in particular, the numbering of Works listed online.

The Seller undertakes not to create duplicate listings, meaning that only one listing may be created for each edition, even if two different edition numbers are available.

In particular, the Seller undertakes to use high-quality images. Ideally, the Seller should provide several images of the Work: one showing the Work in its entirety, one showing the signature, one showing the edition number and one showing the Work in context, if available. The Seller also undertakes to publish at least one photograph of the Work on the Site.

The Seller undertakes to comply with the recommendations set out in the Guide provided by the platform.

6. General Conditions of Product Sales

In addition to the information relating to Works listed online, the Seller undertakes to provide all information relating to their Terms and Conditions of Sale, including delivery times, payment methods where specific, the conditions for exercising the right of withdrawal and any applicable exceptions, return procedures, statutory warranties and, where applicable, any commercial warranties offered.

To this end, the Seller shall enter their Terms and Conditions of Sale in their Seller Account. They may update them at any time. These Terms and Conditions of Sale will be accessible to Buyers in the description section of each Work.

The Seller remains solely responsible for the content, compliance and application of their Terms and Conditions of Sale in connection with sales concluded with Buyers.

7. Prohibited Publications

Any publication on the Site containing text or visual elements contrary to applicable laws or regulations, public decency or these Seller Terms of Use is prohibited.

In particular, the publication on the Site of content that is obscene, political, racist, religious, discriminatory, defamatory, disparaging or incites hatred is prohibited, as is any contribution infringing the rights of Third Parties or personality rights, including:

Any content reproducing, without authorisation, a Work protected by intellectual property rights, including trademarks and copyrights;
Any contribution infringing a Third Party’s image rights and/or right to privacy;
Any contribution infringing the protection of a Third Party’s Personal Data;
Any disparaging contribution concerning Third Parties, other Sellers or Buyers.

If a Seller publishes content that infringes the rights of Third Parties or other Sellers, Welcome Prints reserves the right to take any appropriate action and, where applicable, initiate civil or criminal proceedings against the Seller who published such content.

The Seller represents and warrants to Welcome Prints that the content published through the Site does not contain any virus, malware or other computer code likely to compromise the use of the Site or render all or part of it inoperable, and in particular undertakes to scan any content published on the Site using antivirus software.

Photographs used in Work listings must represent the Work being sold on the Site and must either be free of rights or be used with the necessary authorisation.

It is prohibited to upload photographs containing:

Minors or adults unrelated to the Work;
Links to websites;
Images unrelated to the Work presented on the Site;
Images or videos for which the Seller does not hold the necessary rights of use.

8. Prohibited Products

The Seller agrees not to market on the Site any products that are prohibited from commercialisation and, more generally, agrees not to publish listings on the Site relating to:

Persons;
Tobacco, drugs, dangerous, flammable, explosive and/or illegal substances;
Medicines;
Combat or self-defence bladed weapons, firearms, explosives or hunting traps;
Animals and certain protected, endangered or wild-harvested plant species;
Counterfeit goods;
Human remains, funeral urns or products derived from the human body;
Jewellery, except costume jewellery, currencies or precious metals;
Product batches that have been subject to a withdrawal or recall procedure in France or abroad.

More generally, the Seller undertakes not to publish or market on the Site any product whose sale is prohibited or subject to specific regulatory requirements.

This list is non-exhaustive.

Welcome Prints reserves the right to refuse, suspend or remove any listing or Product that appears to it to be contrary to these Seller Terms of Use, applicable legislation or Marketplace rules, or that may pose a risk to Buyers or Welcome Prints.

9. Responsibility, Possession, and Ownership of Products

Welcome Prints does not own the Works, which remain the property of the Seller. Furthermore, the Seller remains solely responsible for the custody of the Works until they are delivered to the Buyers.

The Seller is solely responsible for compliance with the regulations applicable to Works marketed on the Site, the quality of the Works and respect for Third Parties’ intellectual property rights in the Works. The Seller is solely responsible for displaying or claiming any quality label or certification.

Consequently, the Seller shall indemnify and hold Welcome Prints harmless against any claim made by a Buyer or Third Party resulting from the Seller’s failure to comply with its legal or contractual obligations, subject to any mandatory applicable legal provisions. The Seller therefore undertakes to indemnify Welcome Prints for financial consequences directly attributable to its own breaches, including reasonable defence costs incurred where such costs directly result from such breach.

The Seller undertakes to immediately remove from the Site any batch of products subject to a recall or withdrawal procedure.

In the event of suspected non-compliance with applicable regulations or a risk to Buyers, Welcome Prints reserves the right to remove the Works concerned from sale on the Site.

The Seller undertakes to obtain where required in view of their activity, professional liability insurance covering their liability for activities and obligations arising from this Agreement. Welcome Prints may ask the Seller to provide evidence of appropriate insurance coverage for their activity.

Welcome Prints shall only be subject to an obligation of means in the performance of the services offered on the Site.

Welcome Prints undertakes to use its best efforts to secure access to and use of the Site and is free to choose the technical form and means it considers most appropriate to provide Users with all available functionalities.

By way of exception, the Site may be temporarily unavailable during corrective or scheduled maintenance operations necessary for its proper functioning or in the event of an occurrence beyond Welcome Prints’ control. Maintenance operations will be carried out at Welcome Prints’ discretion, and Welcome Prints will endeavour, where possible, to notify Users by email 48 hours before such operations are carried out.

In the event of a technical failure affecting the operation of the Site, Welcome Prints undertakes to use its best efforts to restore the Site as soon as possible.

Welcome Prints shall not be liable for external intrusions, computer viruses present in the computer system of the Seller or any Site User, any consequences resulting from a total or partial alteration of the Site caused by improper use of the Site by the Seller, or the failure or slowness of the Seller’s telecommunications network, it being understood that the Seller is responsible for ensuring that they properly log out of their customer area at the end of each session or visit to the Site.

Welcome Prints shall not be liable for any defect or failure to perform that is not attributable to it, including any failure by the Seller to perform its obligations. In any event, subject to mandatory applicable legal provisions, Welcome Prints shall not be liable for any indirect, consequential or intangible loss, including in particular loss of profit, loss, commercial damage, loss of turnover, loss of customers or loss of opportunity. To the extent permitted by law, Welcome Prints’ liability shall be limited to the amount of commissions actually paid to Welcome Prints by the Seller during the preceding twelve (12) months.

10. Termination and Account Deletion

Registration is for an indefinite period and the Seller may terminate their use of the Services at any time by contacting the Welcome Prints team directly, either by sending an email to contact@welcome-prints.com, or by using the account deletion functionality when available in their Account.

Welcome Prints will close the Seller Account within a maximum period of five (5) business days following the deletion request, subject to any operations necessary to process pending Orders, payments, refunds, disputes and legal data retention obligations.

Deletion of the Seller Account does not terminate obligations arising prior to such deletion, including obligations relating to pending Orders, refunds, warranties, disputes or tax and accounting obligations.

Orders placed before deactivation must be fulfilled by the Seller, unless otherwise agreed with the Buyer or where legally justified impossibility prevents fulfilment.

Data relating to the Seller will be deleted or retained in accordance with applicable legal obligations and Welcome Prints’ Privacy Policy.

Welcome Prints may delete the Seller Account in the event of the Seller’s failure to comply with these Seller Terms of Use.

Except in cases of emergency, serious breach or a legal obligation requiring immediate deletion, Welcome Prints may formally require the Seller to remedy the breach within thirty (30) days. If the breach is not remedied within this period, Welcome Prints may terminate the Seller Account.

11. Orders and Deliveries

Buyers’ Orders for Works are received by Welcome Prints through the Site and will be directly communicated to the Seller by automatic email notification. The Order creates a binding relationship between the Seller and the Buyer in accordance with the terms of sale applicable to the Transaction.

The Seller is responsible for processing Buyers’ Orders. Welcome Prints, as a Marketplace, is not responsible for the processing of Orders by Sellers.

The Works shall be delivered by the Seller or any person designated by the Seller, on behalf of the Seller, directly to the Buyer, according to the Buyer’s choice made when placing the Order on the Site. Welcome Prints, as a Marketplace, is not responsible for the shipment or delivery of the Works, except where a mandatory legal obligation applies to it.

The Seller undertakes to ship the Works within the timeframe indicated in their Seller Area. This period begins upon receipt by the Seller of the Order transmitted by Welcome Prints.

The Seller undertakes to communicate to Welcome Prints the various stages of shipment of the Work:

Preparation of the Order;
Shipment of the Work;
Delivery of the Work to the Buyer.

The Seller must enter the above information in their Seller Area on the Site.

If the Seller encounters any difficulty in managing a Buyer’s Order, such as an incorrect price, lack of stock, delay or delivery issue, they undertake to notify Welcome Prints as soon as they become aware of the issue. The Parties shall endeavour to cooperate in order to reach a satisfactory solution for the Buyer.or to collaborate to find a satisfactory solution for the Buyer.

12. Holidays

In order to ensure continuity of the Service, any Seller who is absent for more than three consecutive business days must activate the “holiday” functionality in their Seller Area.

Activation of the holiday period allows the Seller to display a message to Users on all Work listings and on their profile page. The Seller may choose to continue receiving Orders during this period, by stating in their absence message the date on which they will be able to process Orders received during their absence, or, alternatively, to block Orders until their return.

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

The conditions for exercising Buyers’ rights of withdrawal or statutory or contractual warranties are defined in accordance with applicable legislation and, where applicable, in the Seller’s Terms and Conditions of Sale.

For this purpose, the Seller has a dedicated section in their Account enabling them to enter their Terms and Conditions of Sale. These Terms and Conditions of Sale appear on the page of each Work listed in the Seller Area.

The Seller undertakes to acknowledge receipt of and respond to Buyers’ requests sent through emails from Welcome Prints within a maximum of three business days, except where a holiday period has been specified in the Seller Area.

If the solution proposed by the Seller following the exercise of a Buyer’s rights does not fully satisfy the Buyer, the Buyer may submit a complaint concerning the Order directly to Welcome Prints’ customer service. Welcome Prints will inform the Seller, and the Parties shall endeavour to cooperate in good faith to provide a satisfactory solution to the Buyer. Any reasonable costs directly incurred by Welcome Prints in order to enforce the Seller’s commitments under their Terms and Conditions of Sale may be recharged to the Seller.

In order to initiate a refund to the Buyer for the relevant Order, the Seller must access their Seller Area on the Site and indicate the amount to be refunded to the Buyer. Welcome Prints will then request that its payment service provider refund the relevant amount to the payment method used by the Buyer.

14. Right of Withdrawal

The right of withdrawal applicable to sales made by a professional Seller to a consumer is the right provided for under applicable legislation, subject to any exceptions provided for by such legislation.

The professional Seller undertakes to clearly inform the Buyer, in their Terms and Conditions of Sale and/or on the Work listing where necessary, of the existence of the right of withdrawal, its duration, the procedure for exercising it and any applicable exceptions.

Where a statutory right of withdrawal applies, the withdrawal period shall in principle begin upon receipt of the Work by the Buyer, in accordance with applicable legislation.

To exercise their right of withdrawal, the Buyer may contact Welcome Prints by email at contact@welcome-prints.com or contact the Seller directly using the procedures specified in the Seller’s Terms and Conditions of Sale. Welcome Prints may then forward the request to the Seller.

Where the right of withdrawal applies, the Buyer must return the Work within the applicable statutory period from the date on which they communicate their decision to withdraw.

The terms governing refunds, including the price of the Work and delivery costs, as well as responsibility for return costs, shall be determined in accordance with applicable legislation and the Seller’s Terms and Conditions of Sale.

The right of withdrawal may not apply in certain cases provided for by law, including where the Work has been made to the consumer’s specifications or has been clearly personalised. The Seller is responsible for verifying and specifying the exceptions applicable to their sales.

15. Invoicing and Payment Terms

The price of the Works is set by the Seller when the Works are listed for sale. The price of Works offered for sale is displayed inclusive of all taxes and delivery costs are displayed separately where applicable.

The Seller undertakes to upload the invoice directly to the Order tracking area. The Buyer may download the invoice made available by the Seller in their Orders. Upon request, the Seller must provide Welcome Prints with a digital copy of any invoice relating to a transaction carried out through the Marketplace.

In consideration for its Services, Welcome Prints charges the Seller, for each Transaction, a commission of 22% excluding VAT, calculated on the total amount of the Transaction paid by the Buyer, including the VAT-inclusive price of the Work and delivery costs where these are charged through the Marketplace.

The 22% commission excluding VAT constitutes the remuneration of Welcome Prints for its intermediary services and for making the Marketplace available. VAT applicable to this service shall be charged in addition where required by law.

Where the Seller benefits from a specific tax regime or status affecting the VAT applicable to the services provided by Welcome Prints, the Seller is responsible for providing Welcome Prints with the necessary supporting documentation.

To facilitate financial transactions on the Marketplace, Welcome Prints uses Stripe as its payment service provider. As part of the online sales service, the Seller undertakes to open a “Marketplace Seller” customer account with Stripe. This is an essential condition for using the Marketplace Services. The Seller accepts the use of Stripe payment services made available by Welcome Prints.

In addition to the commission charged by the Marketplace, transaction fees charged by the payment service provider apply to each transaction and are payable by the Seller. These fees depend on several factors, including the type of payment card used, the country of issue of the card, the currency of the bank account used for payment, the billing currency, whether currency conversion is required, and potentially other factors.

The Seller may consult the applicable terms at https://stripe.com/fr/legal.

Through Stripe, Welcome Prints pays the Seller the balance of the sale price after deduction of the Welcome Prints commission and any applicable payment processing fees. Payment will, by default, be made once a month, in accordance with the terms and timeframes applicable to the Seller’s Stripe account.

16. Respect of Welcome Prints’ Intellectual Property Rights

The Seller undertakes to respect Welcome Prints’ intellectual property rights, including its trademarks and the intellectual property rights relating to the Site. All elements of the Site, including designs, photographs and images, texts, overall structure and layout, graphic guidelines, databases, logos, domain names and trademarks, including the Welcome Prints name, as well as all documents or files, are protected by intellectual property law and are the exclusive property of Welcome Prints or their respective rights holders.

The Seller is authorised to use the communication materials that Welcome Prints expressly makes available to them, including the logo, texts and images, trademark and Site address, for commercial purposes in promoting their Works listed on the Site, in compliance with any instructions provided by Welcome Prints.

17. Seller’s Intellectual Property

The Seller owns the content and photographs they provide on the Site. They may delete their listings or the content of their listings at any time, subject to obligations relating to pending Orders and Buyers’ rights.

The Seller represents that they hold all intellectual property rights and authorisations relating to the content and photographs they provide and offer for sale on the Site.

For the purpose of promoting the Works and the Site, the Seller authorises Welcome Prints to use all information uploaded by the Seller on the Site, including their portrait, biography, studio photographs and photographs of the Works offered for sale.

This authorisation is granted free of charge, worldwide and for the entire duration of the Seller’s registration on the Site, solely for the purposes of presenting, promoting and communicating about the Seller, their Works and Welcome Prints, through physical and digital media operated by Welcome Prints.

Welcome Prints may in particular reproduce, represent and distribute photographs and content provided by the Seller, in whole or in part, on its Site, social media, communication materials and promotional materials.

This authorisation remains valid only for the duration of the Seller’s registration on the Welcome Prints Site, subject to content already published or archived as part of previous communication campaigns.

18. Personal Data

Personal Data means any information relating to a natural person who can be identified, directly or indirectly.

Personal Data is protected by French Law No. 78-17 of 6 January 1978 relating to Information Technology, Data Processing and Civil Liberties, as amended, and by Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, which Welcome Prints undertakes to comply with.

Personal Data collected on the Site is primarily used for the purposes described in Welcome Prints’ Privacy Policy, including operation of the Site, account management, Order processing, security, fraud prevention, statistics and, where applicable, commercial communications.

Whether Welcome Prints and the Seller qualify as data controllers or, where applicable, joint controllers depends on the purposes and means actually determined for each processing activity. The Parties undertake to comply with their respective obligations under applicable Personal Data protection regulations.

When processing an Order, the Seller may receive data necessary for the performance of the sale and delivery of the Work. The Seller undertakes to use such data only for purposes necessary for fulfilling the Order, tracking delivery, providing after-sales service and complying with their legal obligations.

The Seller may not process Personal Data for purposes other than those necessary for fulfilling the Order and their legal obligations, including for commercial prospecting or data resale purposes, unless such processing is expressly authorised by applicable regulations and is based on an appropriate legal basis.

The Seller undertakes to take all necessary measures to ensure the security and confidentiality of the data to which they have access in connection with their activities on the Marketplace.

The data processing activities carried out by Welcome Prints are detailed in its Privacy Policy, accessible on the Site.

19. Force Majeur

Force majeure means any event meeting the conditions set out in Article 1218 of the French Civil Code and applicable French case law.

If either Party becomes aware of such an event, it must immediately inform the other Party and, where possible, provide evidence of its inability to perform its obligations.

The Parties shall not be liable for any failure or delay in performing any of their obligations resulting from an event of force majeure.

If an event of force majeure is permanent or lasts for more than one month, these Seller Terms of Use shall automatically terminate, unless otherwise agreed by the Parties.

20. Severability

If any provision of these Terms of Use is declared null, unlawful or unenforceable, such nullity, unlawfulness or unenforceability shall not affect the validity of the remaining provisions, which shall remain in force.

21. Dispute Resolution

These Terms of Use and the transactions arising from them are governed by and subject to French law. These Terms of Use are drafted in the French language.

If these Terms of Use are translated into one or more foreign languages, the French version shall prevail in the event of any discrepancy or dispute.

In the event of a claim by either Party, the Parties undertake to seek an amicable resolution before initiating any legal proceedings.

Where a dispute falls within the scope of consumer mediation, the applicable statutory provisions relating to consumer mediation shall apply. The contact details of the consumer mediator competent for Welcome Prints are provided on the Site and in the contractual documents intended for consumers.

This mediation clause does not apply to disputes between Welcome Prints and a Seller acting in a professional capacity, unless otherwise required by law.

If amicable resolution fails, any dispute relating to these Seller Terms of Use, their interpretation, performance or termination shall be submitted to the competent courts in accordance with the applicable jurisdiction rules.

Any reference to the former European Online Dispute Resolution (ODR) platform is deleted, as that platform has been permanently closed.

22. Tax and Social Obligations of Users of WELCOME PRINTS Marketplace Services

In accordance with Article 242 bis of the French General Tax Code and in its capacity as a marketplace operator, Welcome Prints informs Sellers of the main tax and social security obligations that may apply to them in connection with their activities.

Each Seller remains solely responsible for declaring their income and, more generally, for complying with their tax, social security, accounting and administrative obligations in their country of residence or establishment.

Individuals using the Welcome Prints Marketplace Services and generating income through their activities must contact the relevant authorities to determine the tax and social security reporting obligations applicable to their individual situation.

Professional Sellers must also ensure compliance with their obligations relating in particular to registration, invoicing, VAT, taxation of profits or income, social security contributions and, where applicable, regulations applicable to self-employed workers.

Welcome Prints may be required to communicate certain information relating to transactions carried out on the Marketplace to the competent authorities, in accordance with the legal obligations applicable to platform operators.

The provision of such information by Welcome Prints does not constitute tax advice, legal advice or a guarantee as to the tax regime applicable to a Seller’s particular situation. Each Seller is responsible for contacting the relevant authority or a qualified professional, where necessary, in order to determine their obligations.