PREAMBLE<\/strong><\/p>\n\n\n\n Welcome Prints is a marketplace accessible through the website www.welcome-prints.com<\/a>, operated by Welcome Prints S.A.S., with share capital of \u20ac1,000, whose registered office is located at 34 CR 316 du Beausset \u00e0 Signes, 83330 Le Beausset, France. Contact: contact@welcome-prints.com<\/a><\/p>\n\n\n\n At Welcome Prints, our ambition is to promote original fine-art prints produced using traditional artisanal printing methods throughout the world. The Welcome Prints marketplace (the \u201cMarketplace\u201d or the \u201cSite\u201d) is a platform connecting Buyers and Sellers (the \u201cSellers\u201d), enabling Sellers to offer their prints (the \u201cWorks\u201d) to Buyers and enter into direct sales with them.<\/p>\n\n\n\n The sales contract is entered into directly between the Buyer and the Seller. Welcome Prints is not the seller of the Works. Welcome Prints acts as an intermediary: it provides the Site, forwards orders to Sellers, collects payments through its payment service provider Stripe, forwards withdrawal and warranty requests, and may intervene to facilitate the resolution of disputes. Welcome Prints is not responsible for the preparation, shipment or conformity of the Works, which remain the responsibility of the Seller.<\/p>\n\n\n\n 1. DEFINITIONS<\/strong><\/p>\n\n\n\n “Buyer<\/strong>“: refers to any User of the Site who has an account, whether or not, they have already purchased Artworks from Sellers on the Site.<\/p>\n\n\n\n “Order<\/strong>“: refers to the request made by the Buyer.<\/p>\n\n\n\n “Buyer Account(s)<\/strong>“: 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.<\/p>\n\n\n\n “Seller Account<\/strong>” or “Seller Booth<\/strong>“: refers to the Account that the Seller creates on the Site in order to grant access to a personalized selling booth.<\/p>\n\n\n\n \u201cUser General Terms of Use<\/strong>\u201d: refers to the general terms of use for Users, accessible on the Site, also referred to as “User TOS”.<\/p>\n\n\n\n \u201cSeller General Terms of Use<\/strong>\u201d: refers to the general terms of use for Sellers, accessible on the Site, also referred to as “Seller TOS”.<\/p>\n\n\n\n \u201cGeneral Terms of Sale\u201d<\/strong>: refers to the general terms of sale, accessible on the Site, also referred to as “GTS”.<\/p>\n\n\n\n “Content(s)<\/strong>“: 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.<\/p>\n\n\n\n “Personal Data<\/strong>“: any information relating to an identified or identifiable natural person, directly or indirectly.<\/p>\n\n\n\n “Marketplace<\/strong>“: refers to the marketplace on which the Buyer can purchase Artworks listed by Sellers on their booths.<\/p>\n\n\n\n “Artworks<\/strong>“: refers to all Artworks listed for sale on the Site by Sellers.<\/p>\n\n\n\n “Service(s)<\/strong>“: refers to all services offered by Welcome Prints as described in these TOS.<\/p>\n\n\n\n “Site<\/strong>“: refers to the Welcome Prints platform (including “The Marketplace”) allowing access to the Services and available at the address www.welcome-prints.com<\/a> (or any additional or substitute address or site).<\/p>\n\n\n\n “User<\/strong>“: refers to any person using the Site, in any capacity whatsoever, whether or not they have a personal account designated under “My Account”.<\/p>\n\n\n\n “Seller(s)<\/strong>“: refers to any person offering Artworks for sale on the Site.<\/p>\n\n\n\n “Third Party<\/strong>“: refers to any person, whether natural or legal, outside of these TOS.<\/p>\n\n\n\n “Transaction<\/strong>“: A transaction refers to any exchange concluded between a Buyer and a Seller on the marketplace, including the purchase or sale of an artwork.<\/p>\n\n\n\n 2. Scope<\/strong> of application<\/strong><\/p>\n\n\n\n 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. 3. Creation of a Buyer Account<\/strong><\/p>\n\n\n\n The creation of a Buyer Account requires the provision of various personal details, including first name, last name, age, country, email address, postal address, telephone number and a password enabling identification. If the User is a professional, a business identification number will also be requested in order to validate the creation of their Account.<\/p>\n\n\n\n To create a Buyer Account, all mandatory fields in the registration form must be completed. The GTC and the Personal Data Protection Policy must have been read and accepted by the User.<\/p>\n\n\n\n Following the request to create an Account, the User will receive an email containing a link enabling them to definitively validate the creation of their Account.<\/p>\n\n\n\n By creating this Account, the User undertakes to provide only accurate information relating to their identity.<\/p>\n\n\n\n The Buyer Account login details and password are strictly personal and confidential. The User undertakes to ensure the confidentiality of the login details and password chosen when creating the Buyer Account and agrees not to disclose them to any Third Party.<\/p>\n\n\n\n Welcome Prints reserves the right to refuse any new request to create a Buyer Account on the Site from a User whose Buyer Account has previously been closed twice (2).<\/p>\n\n\n\n 4. Account closure<\/strong><\/p>\n\n\n\n Registration is for an indefinite period and the User is free to terminate their use of the Services at any time by contacting the Welcome Prints team, either by email at the following address: contact@welcome-prints.com<\/strong><\/a>, or by clicking \u201cdelete my account\u201d in their Account.<\/p>\n\n\n\n Welcome Prints shall close the Buyer Account within a maximum period of five (5) business days from receipt of the request. This period may be extended in the event of an ongoing Order or dispute, until such matter has been resolved.<\/p>\n\n\n\n In any event, the Buyer remains responsible for all use made of the Services through their login details until the effective closure of the Account.<\/p>\n\n\n\n Following closure of the Account, Welcome Prints reserves the right to retain in its records, for a period compliant with applicable legal requirements, all information relating to the User that may be necessary to resolve a dispute or contribute to the performance of these GTC. However, the User’s information will no longer be accessible on the Site.<\/p>\n\n\n\n 5. Suspension and Termination<\/strong><\/p>\n\n\n\n Failure by the Buyer to comply with these GTC and\/or any unlawful and\/or abusive use of the Services shall entitle Welcome Prints to interrupt, suspend or terminate access to the Services, without prejudice to any right to claim damages to which Welcome Prints may be entitled. Any suspension or deletion of the Buyer Account shall be notified by email.<\/p>\n\n\n\n 6. Information about sellers and operation of the plateform<\/strong><\/p>\n\n\n\n Each Seller page and each Work listing indicates whether the Seller is acting as a non-professional. Where no such indication is provided, the Seller is acting as a professional. Where the Seller is a non-professional, the Buyer is informed that consumer rights (in particular the right of withdrawal and the legal guarantee of conformity) do not apply to that contract.<\/p>\n\n\n\n No Seller may pay to improve the ranking of their Works. Works are ranked randomly each time a page is loaded.<\/p>\n\n\n\n Welcome Prints receives a commission of 22% excluding VAT on the price of each sale concluded through the Site. This commission is payable by the Seller.<\/p>\n\n\n\n 7. Placing an Order<\/strong> and formation about the contract<\/strong><\/p>\n\n\n\n If the Buyer wishes to order from several Sellers, they shall place a separate Order with each Seller.<\/p>\n\n\n\n The Buyer selects the Works, adds them to their shopping cart, checks the details of their Order (Works, price, shipping costs, total price including VAT) and corrects any errors before validating the Order. The Buyer reviews the essential characteristics of each Work in the Seller’s listing, including the technique, medium, format, as well as the Seller’s comments and terms of sale.<\/p>\n\n\n\n The User must create an account on the website www.welcome-prints.com<\/a> in order to purchase available Works. The User must then log in to their Buyer Account.<\/p>\n\n\n\n The Order is registered when the Buyer ticks the box accepting the GTC and then clicks the \u201cPlace Order\u201d button. The sales contract between the Buyer and the Seller is concluded at that time, subject to the availability of the Work. Payment is then charged. A confirmation email is immediately sent to the Buyer and the Seller is notified of the Order.<\/p>\n\n\n\n If the Work proves to be unavailable after the Order has been placed, or if the Seller is unable to fulfil the Order, the Buyer shall be informed without delay and shall receive a full refund within fourteen (14) days.<\/p>\n\n\n\n The Seller may refuse a validated and paid Order only for a legitimate reason (unavailability, manifest pricing error or proven fraud), of which the Buyer and Welcome Prints shall be informed.<\/p>\n\n\n\n As an intermediary between Buyers and Sellers, Welcome Prints does not intervene in the fulfilment of Orders for Works. Welcome Prints shall not be liable in the event of failure to fulfil an Order, unavailability of a Work, or any dispute that may arise between Buyers and Sellers, without prejudice to its role as intermediary as described in the Preamble and Articles 13 and 14.<\/p>\n\n\n\n Unless proven otherwise, the data recorded in the Marketplace’s computer system shall constitute evidence of all Transactions concluded between the Seller and the Buyer.<\/p>\n\n\n\n The Buyer may track the progress of their Order on the website www.welcome-prints.com<\/a>, directly through their Buyer Account.<\/p>\n\n\n\n 8. Order modification<\/strong><\/p>\n\n\n\n After validation, an Order may only be modified with the Seller’s consent, requested through Welcome Prints as soon as possible.<\/p>\n\n\n\n <\/p>\n\n\n\n After validation, an Order may only be cancelled by the Buyer in the following cases: exercise of the right of withdrawal, agreement by the Seller, delivery delay under Article L216-2 of the French Consumer Code, or force majeure.<\/p>\n\n\n\n 10. Prices and invoicing<\/strong><\/p>\n\n\n\n Prices are stated in euros, inclusive of all applicable taxes (including VAT), excluding shipping costs. Shipping costs, set by each Seller, are indicated before the Order is validated. Any customs duties and import taxes that may apply shall remain payable by the Buyer. The applicable price is the price displayed at the time the Order is placed.<\/p>\n\n\n\n Prices may also be displayed, for information purposes only, in pounds sterling (\u00a3) and US dollars (US$). These conversions are calculated using an exchange rate updated daily and have no contractual value. Only the price in euros shall be binding: payment is charged in euros. The final amount charged in the Buyer’s local currency may vary depending on the exchange rate and any fees applied by the Buyer’s bank, over which Welcome Prints has no control.<\/p>\n\n\n\n An invoice is made available to the Buyer in their Buyer Account or sent by email.<\/p>\n\n\n\n 11. Payment of the order<\/strong><\/p>\n\n\n\n Payment for an Order is made by bank card: Visa, Mastercard or CB.<\/p>\n\n\n\n Card payments on the Site are protected by a secure remote payment system known as \u201c3D Secure\u201d. 3D Secure payment applies to Carte Bleue, Visa and Mastercard payments. It enables payment authentication and ensures the protection of confidential data and the security of Transactions. The Buyer’s identity and the validity of their banking details are verified by their bank before the Transaction is approved.<\/p>\n\n\n\n Stripe, the financial intermediary used by the Welcome Prints Site, manages payments on the Site.<\/p>\n\n\n\n For further information, Buyers and Sellers are invited to consult Stripe’s general terms and conditions of service: https:\/\/stripe.com\/fr\/legal<\/a>.<\/p>\n\n\n\n <\/p>\n\n\n\n The Works shall be delivered by the Seller or by any person appointed 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 (desired delivery address).<\/p>\n\n\n\n For each Work, the Seller indicates the dispatch time and estimated delivery time. In the absence of any indication or agreement regarding a delivery date, the Work shall be delivered no later than thirty (30) days after conclusion of the contract.<\/p>\n\n\n\n The Seller undertakes to dispatch the Works within the period indicated in their Seller Area (excluding any holiday period notified by the Seller). This period runs from receipt by the Seller of the Order forwarded by Welcome Prints.<\/p>\n\n\n\n If the Seller fails to comply with this period, the Buyer may formally require the Seller to perform within an additional reasonable period and, failing such performance, terminate the contract and obtain a refund, under the conditions set out in Articles L216-2 et seq. of the French Consumer Code.<\/p>\n\n\n\n The Seller shall carefully package the Work. For a Consumer Buyer, the risk of loss or damage to the Work shall transfer upon delivery of the Work to the Buyer or to a third party designated by the Buyer, other than a carrier offered by the Seller.<\/p>\n\n\n\n The Seller undertakes to provide Welcome Prints with information regarding the various stages of shipment of the Work:<\/p>\n\n\n\n The Seller must enter the above information in their Seller Area on the Site.<\/p>\n\n\n\n If the Seller encounters any difficulty in managing the Buyer’s Order (pricing error, stock shortage, delivery delay or delivery issue, etc.), the Seller undertakes to notify Welcome Prints as soon as they become aware of the difficulty. The Parties shall endeavour to cooperate in order to reach a satisfactory solution for the Buyer.<\/p>\n\n\n\n Welcome Prints may suspend or cancel an Order in the event of proven fraud, non-payment or serious breach of the GTC, and shall then inform the Buyer and the Seller.<\/p>\n\n\n\n Depending on the country from which the Work is shipped and the country of delivery, the Work may be subject to import duties and taxes payable upon delivery at destination. Neither the Seller nor Welcome Prints has any control over these charges or can predict their amount.<\/p>\n\n\n\n 13. Right of withdrawal<\/strong><\/p>\n\n\n\n 13.1 Principle<\/strong><\/p>\n\n\n\n Where the Buyer is a Consumer and the Seller is acting as a professional, the Buyer has a period of fourteen (14) days in which to withdraw from the contract without having to provide a reason. This period begins on receipt of the Work (or the last Work in the case of an Order consisting of several Works delivered separately). Sellers may offer a longer period, but never a shorter one.<\/p>\n\n\n\n 13.2 Exceptions<\/strong><\/p>\n\n\n\n The right of withdrawal may not be exercised for Works made according to the Buyer’s specifications or clearly personalised (for example, a print produced to order with specific dimensions or a personalised dedication), nor in any other cases provided for in Article L221-28 of the French Consumer Code. The Seller shall indicate these exceptions on the Work listing.<\/p>\n\n\n\n 13.3 Exercise of the right<\/strong><\/p>\n\n\n\n The Buyer shall notify Welcome Prints of their decision at contact@welcome-prints.com<\/strong><\/a>, using the form in Annex 2 or any other unambiguous statement. Welcome Prints shall inform the Seller without delay. It is sufficient for the notification to be sent before expiry of the 14-day period.<\/p>\n\n\n\n 13.4 Return<\/strong><\/p>\n\n\n\n The Buyer shall return the Work no later than fourteen (14) days after notifying their decision to withdraw, in a manner that protects the Work during transport. Return shipping costs shall be borne by the Buyer, unless the Seller has indicated that they will bear such costs.<\/p>\n\n\n\n 13.5 Refund<\/strong><\/p>\n\n\n\n The Seller shall reimburse the Buyer all sums paid, including standard delivery costs, no later than fourteen (14) days after being informed of the withdrawal decision. The Seller may defer the refund until receipt of the Work or proof that it has been dispatched by the Buyer. The refund shall be made using the same payment method as that used for the Order.<\/p>\n\n\n\n 13.6 Diminution in value<\/strong><\/p>\n\n\n\n The Buyer shall only be liable for any diminution in value of the Work resulting from handling other than that necessary to establish its nature, characteristics and proper functioning. The Seller may deduct the amount of such diminution from the refund, provided that it is substantiated. The Buyer is not required to return the original packaging or purchase invoice.<\/p>\n\n\n\n <\/p>\n\n\n\n 14. Product Returns, Warranties, and After-Sales Service<\/strong><\/p>\n\n\n\n 14.1 Legal warranties<\/strong><\/p>\n\n\n\n For sales concluded with a professional Seller, the Consumer Buyer benefits from the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code), reproduced in Annex 1. These warranties apply even where the Seller offers a commercial warranty. For twenty-four (24) months from delivery of a new product, the lack of conformity is presumed to have existed at the time of delivery.<\/p>\n\n\n\n 14.2 Exercise of legal warranties<\/strong><\/p>\n\n\n\n The Buyer contacts Welcome Prints or directly the Seller. The Seller shall respond within three (3) business days and propose a solution (repair, replacement, price reduction or refund, as applicable under the law). Return shipping costs related to the exercise of the legal guarantee of conformity shall not be borne by the Buyer.<\/p>\n\n\n\n 14.3 Role of Welcome Prints<\/strong><\/p>\n\n\n\n Welcome Prints shall be informed of communications between the Buyer and the Seller. If the Seller fails to comply with their obligations, or if the proposed solution does not satisfy the Buyer, the Buyer may submit a complaint to Welcome Prints, which shall endeavour to facilitate an amicable solution. Such intervention shall not constitute an acknowledgement of liability by Welcome Prints.<\/p>\n\n\n\n 15. Original prints<\/strong><\/p>\n\n\n\n The Seller undertakes to accurately describe their Works and to indicate for each Work: the printing technique, the medium, the format, whether the print is an original or not, the edition number and total edition size, the signature and, where applicable, the condition of the plates. The Seller is solely responsible for the accuracy of this information. The term \u201coriginal print\u201d may only be used for works meeting the applicable legal requirements (Decree No. 81-255 of 3 March 1981).<\/p>\n\n\n\n 16.1 Intellectual Property of Welcome Prints<\/strong><\/p>\n\n\n\n The Buyer undertakes to respect Welcome Prints’ intellectual property rights, including its trademarks and the intellectual property rights relating to the Site.<\/p>\n\n\n\n All elements of the Site, including drawings, photographs and images, texts, general structure and architecture, graphic guidelines, databases, logos, domain names and trademarks, including in particular 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.<\/p>\n\n\n\n Accordingly, the Buyer 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 prior express consent of Welcome Prints.<\/p>\n\n\n\n 16.2 Intellectual Property of the Seller<\/strong><\/p>\n\n\n\n The Seller owns the content and photographs of the Works that they provide on the Site through their Seller Area.<\/p>\n\n\n\n The Buyer undertakes to respect the intellectual property rights of each Seller.<\/p>\n\n\n\n Accordingly, the Buyer undertakes not to reproduce, represent, distribute, modify, grant or license the Works or any content published in the Seller Areas of each Seller without the prior express consent of the Sellers.<\/p>\n\n\n\n 17.1 Data Protection<\/strong><\/p>\n\n\n\n In the course of their contractual relationship, Welcome Prints and Sellers collect and process personal data relating to Buyers.<\/p>\n\n\n\n Personal Data means any information relating to a natural person who can be identified, directly or indirectly.<\/p>\n\n\n\n Such Personal Data is protected by the provisions of French Data Protection Act No. 78-17 of 6 January 1978, as amended, and by the provisions of EU Regulation 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 and Sellers undertake to comply with and ensure that their employees\/collaborators comply with.<\/p>\n\n\n\n 17.2 Processed Data<\/strong><\/p>\n\n\n\n Welcome Prints acts as data controller for the creation and management of the Buyer Account, fraud prevention and, subject to the Buyer’s consent, direct marketing. For the processing of Orders, Welcome Prints and the Seller act as joint data controllers and have defined their respective obligations in an agreement, the substance of which is made available to Buyers upon request. The Seller acts as data controller for delivery management and warranty claims.<\/p>\n\n\n\n The Seller shall not use the Buyer’s data for commercial purposes (direct marketing, resale) without the Buyer’s consent.<\/p>\n\n\n\n The Buyer has the rights of access, rectification, erasure, objection, restriction and data portability, which may be exercised by contacting contact@welcome-prints.com<\/strong><\/a>. The Buyer may also lodge a complaint with the CNIL (www.cnil.fr<\/a>).<\/p>\n\n\n\n Data is retained for the duration of the Account and then deleted within [3 months] after its closure, except where legal retention obligations apply (in particular accounting obligations, [10 years] for invoices). Welcome Prints retains only the data strictly necessary for operating the service and demonstrating compliance with its contractual or legal obligations.<\/p>\n\n\n\n 18. Permitted Uses<\/strong><\/p>\n\n\n\n By accessing the Site, the Buyer undertakes to use the Services appropriately. The Buyer undertakes to use the Services fairly, in compliance with these GTC and with all applicable laws and regulations, public policy and the rights of Third Parties.<\/p>\n\n\n\n In this respect, 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.<\/p>\n\n\n\n The Buyer undertakes not to fraudulently introduce data, including viruses, malicious code or any other technology that could disrupt the proper functioning of the Services.<\/p>\n\n\n\n The Buyer shall take all appropriate measures to ensure the security of their own data, including login details and passwords, and the backup of information and User Content.<\/p>\n\n\n\n Each Buyer may at any time report, at the following address: contact@welcome-prints.com<\/strong><\/a>, any content on the Site, abusive use, or any failure of the Site and\/or Services that could adversely affect the proper use of the Site and Services.<\/p>\n\n\n\n
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<\/a> and shall prevail, if necessary, over any other version or conflicting document. These GTS are supplemented by the Seller TOS and the User TOS.<\/p>\n\n\n\n9. Cancellation of the order<\/strong><\/h3>\n\n\n\n
12. Delivery<\/strong><\/h3>\n\n\n\n
\n
16. Intellectual property<\/strong><\/h3>\n\n\n\n
17. Personal Data<\/strong><\/h3>\n\n\n\n