Terms and conditions of use
PREAMBLE
Welcome Prints is a marketplace accessible from the website welcome-prints.com, a service offered by Welcome Prints S.A.S, a company with a share capital of €1,000, registered with the Trade and Companies Register (RCS) of Toulon under number 953396249, whose registered office is located at 34 CR 316 du Beausset, Signes, 83330 Le Beausset. Contact: contact@welcome-prints.com.
At Welcome Prints, our ambition is to promote and spread original art prints, handcrafted all over the world. The Welcome Prints marketplace (the “Marketplace” or the “Site”) is a platform that connects Buyers and artists (the “Sellers”) to allow them to offer their prints (the “Artworks”) to Buyers and to conclude direct sales with them.
Welcome Prints acts as an intermediary and technical platform between Buyers and Sellers. Unless expressly provided otherwise in the General Terms of Sale, Welcome Prints is not the seller of the Artworks offered on the Marketplace. The sales contract for an Artwork is concluded directly between the Buyer and the Seller concerned.
Roles. In this context, Welcome Prints provides the Site, forwards orders to Sellers, collects payment through its provider Stripe, relays withdrawal and warranty requests, and may intervene to help resolve disputes. Welcome Prints is not responsible for the preparation, shipping or conformity of the Artworks, which are the Seller’s responsibility.
1. DEFINITIONS
“Buyer”: refers to any User of the Site, whether they intend to buy or have already purchased Artworks from Sellers on the Site.
“Seller Space” or “Seller Account”: refers to the space created by Sellers on the Site. This space includes in particular the shop created to present and sell their Artworks as well as their artist profile.
“Order”: refers to the request made by the Buyer for the purchase of one or more Artworks from one or more Sellers.
“Buyer Account”: refers to the personal space 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.
“Consumer”: any natural person who acts for purposes that fall outside their commercial, industrial, craft, liberal or agricultural activity.
“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 Space or by any other means not specifically addressed here.
“Personal Data”: refers to any information relating to an identified or identifiable natural person, directly or indirectly.
“Site Journal”: refers to the editorial section of the Site, published by Welcome Prints, including in particular articles, artist profiles and news.
“Marketplace”: refers to the marketplace on which the Buyer can purchase Artworks listed by Sellers on their own Seller Spaces.
“Artworks”: refers to all Artworks listed for sale on the Site by Sellers.
“Parties”: refers, depending on the context, to Welcome Prints, the User and/or the Seller.
“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 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”: refers to any exchange concluded between a Buyer and a Seller on the Marketplace, including in particular the purchase or sale of an Artwork.
2. Scope
These Terms of Use (hereinafter referred to as “the TOS”) aim to define the terms and conditions under which Welcome Prints makes the Site and the technological tools used available to Users, as well as the respective rights and obligations of Welcome Prints and Users in connection with the use of the Site.
The User accepts, without reservation, these TOS in their entirety before any use of the Site and its services. Simply using the Site automatically constitutes acceptance by the User of these TOS, without prejudice to express acceptance by ticking a box when creating a Buyer Account. They apply for as long as the User uses the Site. The User undertakes, on each visit, to comply with the rules.
These TOS may be revised at any time. They are accessible at any time on the Site and the applicable version is the one in force on the date the Site is used.
These User TOS are supplemented, where applicable, by the Seller TOS and the GTS.
In the event of the purchase of an Artwork, the contractual relationship between the Buyer and the Seller is also governed by the General Terms of Sale applicable to the Transaction. In the event of any contradiction between the TOS and the GTS regarding a Transaction, the GTS prevail.
3. 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.
4. Account Creation and Capacity
The creation of a Buyer Account is subject to the conditions set out in the GTS. When creating their account, the User ticks a box by which they declare that they have read and accepted the TOS, the GTS and the Privacy Policy.
The User declares that they are of legal age or, if they are a minor, that they have obtained the authorization of their legal representative. Welcome Prints may request proof of this authorization at any time.
The User guarantees the accuracy of the information provided, is solely responsible for the confidentiality of their login credentials, and must inform Welcome Prints without delay of any unauthorized use of their account.
5. Intellectual Property
5.1 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 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 or are the subject of a right of use in favor of Welcome Prints.
Accordingly, the User 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, except within the limits authorized by law.
5.2 Intellectual Property of the Seller
The Seller owns the content and photographs of the Artworks that they communicate on the Site via their Seller Space, or has the necessary rights to allow their publication on the Site.
The User undertakes to respect the intellectual property rights of each Seller.
Accordingly, the User 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, except within the limits authorized by law.
The purchase of an Artwork does not grant the Buyer any right to reproduce, represent, distribute or exploit the Artwork, unless otherwise agreed by the Seller or provided by applicable law.
6. User Content and Reporting
6.1 Rules of conduct
Where the Site allows a User to publish Content (reviews, comments, messages, etc.), the User undertakes not to publish any Content that is unlawful, defamatory, abusive, discriminatory, misleading, or that infringes privacy or the rights of a Third Party (including copyright and personality rights), nor any unauthorized advertising Content.
6.2 Licence
The User remains the owner of the rights in their Content. They grant Welcome Prints, for the duration of its publication and worldwide, a non-exclusive, royalty-free licence to host, reproduce and display it on the Site solely for the purposes of operating the Services.
6.3 Reporting
Anyone may report Content that they consider unlawful or contrary to the TOS at contact@welcome-prints.com, indicating the information needed to identify the Content (page address) and the reasons for the report. Welcome Prints examines reports diligently and may remove or disable access to Content that is manifestly unlawful or contrary to the TOS. Where such a measure is taken, Welcome Prints informs the User concerned and states the reasons for the decision and the means of redress (complaint to contact@welcome-prints.com).
7. Suspension and Termination
In the event of a breach of the TOS or the GTS, unlawful or abusive use of the Site, or fraud, Welcome Prints may, after informing the User by email (except in cases of urgency or legal obligation) and stating the reasons, suspend or delete their account and their access to the Services, without prejudice to any damages. The User may contest this decision at contact@welcome-prints.com. The User may close their account at any time under the conditions set out in the GTS.
8. 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 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 undertakes to respect.
The Personal Data collected on the Site is used for the following purposes: the creation and management of accounts, the management of orders and Transactions, the operation and security of the Site, fraud prevention, the management of the relationship with Users and, where applicable and subject to their consent, audience measurement, the use of cookies or other trackers, and prospecting.
For the processing of orders, Welcome Prints and the Seller concerned act as joint data controllers, as indicated in the GTS.
Information on the processing of Personal Data, its purposes, its legal bases, its retention periods and the rights of individuals is set out in the Welcome Prints Privacy Policy.
Users have, in accordance with the national and European regulations in force, the rights of access, rectification, erasure, restriction of processing, objection and, where the legal conditions are met, portability of their Personal Data.
To exercise these rights, they may contact Welcome Prints at the following email address: contact@welcome-prints.com.
Personal Data is retained for periods proportionate to the purposes for which it is processed and in accordance with applicable legal obligations. Certain data may be retained beyond the deletion or deactivation of an account where such retention is necessary to comply with a legal obligation, to establish, exercise or defend legal claims, or to manage evidence.
The User may also lodge a complaint with the French data protection authority (Commission Nationale de l’Informatique et des Libertés, CNIL), or with the supervisory authority of their country of residence, under the conditions provided for by applicable regulations.
9. Cookies and Other Trackers
The Site may use cookies and other trackers necessary for its operation as well as, subject to the User’s consent where required, trackers intended in particular to measure audience or to offer certain features.
Certain trackers may be used without consent where they are strictly necessary for the operation of the Site or benefit from an exemption provided for by applicable regulations. Other trackers are placed or read only after the User’s consent has been obtained, where such consent is required.
The User may at any time change or withdraw their choices regarding cookies and other trackers via the cookie management tool made available to them.
Functional cookies may in particular be used to remember certain browsing preferences. Audience measurement trackers may be used to compile statistics on the traffic and use of the Site. Other trackers may be placed by third-party providers or partners, in particular in connection with certain features integrated into the Site.
Details of the cookies and trackers used, their purposes, their retention periods and the means of managing the User’s choices are set out in the Privacy Policy and/or in the cookie management module accessible on the Site.
10. Liability of Welcome Prints
10.1 Role as a platform
Because of its role as an intermediary platform, Welcome Prints cannot be held liable for the obligations that fall directly on Sellers in connection with sales concluded with Buyers.
Each Seller remains in particular responsible for the Artworks they offer for sale, their conformity with their description, their availability, their packaging, their shipping and, more generally, the performance of their obligations towards the Buyer, in accordance with the General Terms of Sale and applicable regulations.
Welcome Prints provides Users with a platform allowing in particular the presentation of Artworks, the connection between Users and the carrying out of the operations necessary for the functioning of the Marketplace. Welcome Prints is not a party to the sales contract concluded between the Buyer and the Seller, unless otherwise provided by law or expressly undertaken by Welcome Prints, without prejudice to its role as intermediary described in the Preamble and in the GTS.
Unless otherwise provided by law, Welcome Prints cannot be held liable for damage resulting from a breach attributable to a User or a Third Party.
Nothing in these TOS is intended to exclude or limit liability that cannot lawfully be excluded or limited, in particular in the event of gross negligence or wilful misconduct or personal injury.
10.2 Access to the Site and maintenance
Welcome Prints undertakes to exercise all due diligence in the performance of these TOS. In particular, Welcome Prints implements all reasonable means at its disposal to ensure quality distribution of, and access to, the Services, and is bound in this respect by an obligation of means.
Welcome Prints undertakes to use its best efforts to secure access to and use of the Site and is free to choose the most appropriate form and technical means to make all the features of the Site available to Users.
The Site will be accessible 24 hours a day, 7 days a week where possible. By way of exception, 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 the control of Welcome Prints. Maintenance operations will take place at the discretion of Welcome Prints, which will endeavor, where possible, to notify Users within a reasonable period before such operations are carried out.
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 may also temporarily suspend access to certain features of the Site where such suspension is necessary to ensure the security of the Site, prevent fraud or abuse, or carry out a maintenance operation.
10.3 Limits of liability
Welcome Prints cannot be held liable for external intrusions or for the presence of computer viruses in the computer system of any User of the Site, to the extent that these events do not result from a fault attributable to it.
Due to the specific nature of services provided over the Internet, Welcome Prints cannot guarantee the continuity of the Services. Welcome Prints and/or its providers cannot, moreover, be held liable for any malfunction of the network or servers or any other event beyond their reasonable control which would prevent or degrade access to the Services or cause any damage, to the extent permitted by law.
Welcome Prints cannot be held liable for any loss of data, time, opportunity or indirect damages related to the use of the Site, subject to mandatory legal provisions.
Welcome Prints disclaims all liability in the event of unavailability of the Services resulting from force majeure within the meaning of Article 1218 of the French Civil Code, or from an event reasonably beyond its control, in particular:
- malfunction of the Internet or telecommunications network;
- an unforeseeable and unavoidable act of a Third Party to the contract;
- failure or breakdown of a technical provider essential to the operation of the Site, where it is not attributable to Welcome Prints and could not have been avoided by reasonable measures;
- an event meeting the legal conditions of force majeure.
10.4 Links to third-party sites
The Site may contain hyperlinks to websites or resources belonging to Third Parties. In this respect, each User acknowledges that Welcome Prints is not responsible for the availability or accuracy of such websites or resources, or for the content, products or services available on or from such websites or resources.
The presence of links to such websites or resources in no way indicates that Welcome Prints endorses them, whether as to their content or as to the products or services offered there.
The User is advised to exercise caution when using such websites or resources, the use of which is their own responsibility, to the extent permitted by law.
Users are invited to report to Welcome Prints any content or behavior that they consider contrary to these TOS, to applicable regulations or to the rights of Third Parties, following the procedure described in Article 6.3.
11. Severability
If any provision of these Terms of Use 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.
The provision concerned will, as far as possible, be interpreted or replaced so as to preserve the original intention of the parties while complying with applicable regulations.
12. Complaints and Mediation
The User and Welcome Prints will endeavor to resolve amicably any disputes that may arise regarding the validity, interpretation or performance of these TOS.
In the event of a complaint, the User is invited to first contact Welcome Prints at the following address: contact@welcome-prints.com in order to allow an amicable resolution of the dispute.
Failing an amicable agreement, where the User is a Consumer and the legal conditions are met, they may use a mediator free of charge.
The name, contact details and referral procedures of the competent consumer mediator are communicated on the Site and in the relevant contractual documents, in accordance with the provisions of the French Consumer Code.
This mediation clause does not apply to disputes between Welcome Prints and a Seller where the latter acts as a professional, unless otherwise provided by law.
13. Governing Law and Jurisdiction
These TOS are governed by and subject to French law.
These TOS are drafted in French. In the event that they are translated into one or more foreign languages, only the French version shall prevail in case of contradiction, divergent interpretation or dispute.
In the event of disagreement and failing amicable resolution, the competent courts are those determined by the ordinary rules of law.
Where the User is a Consumer, the legal rules of territorial jurisdiction applicable to them remain fully applicable. They may in particular bring proceedings before the court of the place where they lived at the time the contract was concluded or when the harmful event occurred. Where the User is a Consumer resident outside France, the mandatory consumer protection provisions of their country of residence remain applicable.
Where the User acts as a professional, any dispute relating to these TOS, their interpretation, performance or termination shall be submitted to the courts of Toulon.