1         Terms of Use

By using ArtWe, you agree that it is in compliance with our Terms of Use described herein.

We reserve the right to modify any posting in violation of our Terms of Use in order to prevent abuse and keep the content appropriate for our general audience. This includes people of all ages, races, religions, and nationalities. Therefore, all contents that are in violation of our Terms of Use are subject to being removed immediately and without prior notice.

Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as for buying or selling accounts. You agree not to post content that is prohibited by any of ArtWe’s policies or rules referenced in our Terms of Use or the law of the country. You agree not to abuse ArtWe’s flagging or reporting processes. You agree not to collect user’s information or interfere with ArtWe. You agree to respect the copyright of each contributor and for all content that is displayed on artwe.online.

You agree not to collect information from ArtWe users or to interfere with ArtWe. As well as to respect contributors’ copyright and ArtWe’s content.

You agree we may moderate ArtWe access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass this moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.

By posting content on our site, you agree to the following statement:

I agree that I will be solely responsible for the content of any content that I post on this website. I will not hold the owner of this website responsible for any losses or damages to myself or to others that may result directly or indirectly from any content that I post here.

By posting content on our site, you further agree to the following guidelines:

  1. No foul or otherwise inappropriate language will be tolerated. Postings in violation of this rule are subject to being removed immediately and without warning. If it was a paid listing, no refund will be issues.
  2. No racist, hateful, or otherwise offensive comments will be tolerated.
  3. No postings promoting activities that are illegal under the current laws of this state or country.
  4. Any postings that appears to be merely a test posting, a joke, or otherwise insincere or non-serious is subject to removal.
  5. We reserve the ultimate discretion as to which postings, if any, are in violation of these guidelines.

The artworks are classified on artwe.online in chronological order, according to the date and time of their validation by Artwe. Accordingly, all Users acknowledge and agree that the presence at of their artworks at the top of the list is only temporary.

Fees: You authorize us to charge your account for ArtWe fees. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

Sell: The purchase order will only be complete and valid from the reception of the confirmation email.

Trademarks: ArtWe and the symbol logo present in our website are registered trademarks with multiple trademark offices around the world.

Thank you for your understanding.

2         General Sales Conditions

2.1        OBJECT

These General Sale Conditions (GSC) establish the contractual conditions applicable to any purchase made by an User of artwe.online, when purchasing paid option(s) from the platform artwe.online (including its sub-domains such as cityname.artwe.online).

The GSC include the Privacy Policy of Artwe.

2.2        PRICE AND PAYMENT

The prices are expressed in local currency, all taxes included.

– Examples:

  • in CAD if Montréal, Canada
  • in USD if New York City, USA
  • in EUR if Paris, France …

Paid options are available from each ArtWe’s platform and can be paid by credit card (via Stripe) or Paypal.

Payment is due upon subscription of each paid option.

User authorizes FABARTY SAS to charge his bank account for immaterial product (if he opts for paid options). Fees are not refundable, even in the case of a deleted, delayed, re-categorized, or otherwise moderated publication (see article 4.4 – Refund). We also reserve the right to refuse a publication.

The purchase is considered complete and successful only from the time the user receives an email of confirmation.

2.3        ACCEPTANCE

A purchase of paid option(s) made by an User constitutes a full acceptance of the current GSC.

2.4        REFUND

Paid options are not refundable with the exception of:

  • (1) the ArtWe Commission fees regarding an artwork sale
  • (2) the ArtWe Guarantee fees regarding an artwork sale

Both elements are fully refundable in a case of a sale cancellation before the artwork delivery object of the sale.

In the case of a Personal Account deletion:

The deletion of a Personal Account entails the deletion of any artwork(s) attached to it, and consequently, the removal of any paid option(s) subscribed for these artwork(s). It gives no right to reimbursement or compensation, which the User acknowledges and accepts.

2.5        RETRACTATION

In application of articles L 221-18 and following of the French Consumer Code, the User has a period of fourteen (14) clear days to retract himself after a purchase.

However, by validating the order, the User accepts that FABARTY SAS starts to perform the service and expressly waives his right of retraction.

2.6        FORCE MAJEURE

The responsibility of FABARTY SAS cannot be engaged in case of non-performance or improper execution of the order due, either because of the User, or in a case of Force Majeure.

2.7        EXCLUSION OF LIABILITY

To the fullest extent permitted by law, FABARTY SAS and its officers, directors, employees, agents, licensors, affiliates and assigns (the “FABARTY Entities”)

– (1) make no promise or representation and give no warranties about artwe.online, including its completeness, accuracy, availability, timeliness, suitability, security or reliability;

– (2) provide artwe.online “AS IS” and “AS AVAILABLE”, the User assumes all risk of use of artwe.online;

– (3) disclaim any express or implied warranty, including, but not limited to, the accuracy, merchantability, suitability for a particular purpose or forgery; and

– (4) disclaim any liability for acts, omissions or conduct of the User or any party in connection with artwe.online.

– FABARTY Entities can NOT be held liable for any direct, indirect, consequential, incidental, special, punitive or other losses, including loss of profits, incomes, data, reputation, etc., resulting from or related to artwe.online, and in no event shall such liability exceed € 100 or the amount that the User has paid in the year preceding such loss.

2.8        CLAIMS AND INDEMNIFICATIONS

Claims, causes of action, requests, or disputes arising from or related to artwe.online shall be governed by French law. The Claims will be exclusively resolved by the courts of Toulouse, Occitanie (except in cases where we would ask injunctive or preliminary measures elsewhere).

The User agrees to:

– (1) submit himself to the jurisdiction of the courts of Toulouse, Occitanie;

– (2) indemnify and hold harmless the FABARTY Entities for any Third Party Claims, Losses, Expenses or fees (including attorneys’ fees) relating to the use of artwe.online; and

– (3) be liable for Claims that the FABARTY Entities may bring against its officers, directors, employees, agents, affiliates or any other party, directly or indirectly, paid, directed or controlled by the User, or acting for his account.

2.9        MODIFICATION OF THE GSC

These GSC are applicable from April 1, 2018. FABARTY SAS reserves the right, at any time, to modify all or part of the GSC.

Users are invited to regularly consult the GSC to learn about the changes made.

2.10   OTHER PROVISIONS

Any processing of personal data in the context of these GSC is subject to the provisions of our Privacy Policy, which is an integral part of these GSC.

If any part of the GSC happen to be illegal, invalid or unenforceable, for any reason whatsoever, the provisions in question would be deemed unwritten, without calling into question the validity of the other provisions that will continue to apply between the Users and FABARTY SAS, unless it was an impulsive and decisive clause that led the User to subscribe to an Paid Option.

All complaints must be addressed to the Customer Service of artwe.online.

The GSC are subject to the French law.