CONDITIONS OF USE AND SALE
ACCEPTANCE OF CULTURAMA’S GENERAL CONDITIONS OF USE AND SALE
The Agreement in question contains legal disclaimers, services warranty, and conditions of sale applicable on the Website.
We may revise this Agreement at any given point in time. The resulting amendments shall apply starting from the date of publication of the revised version. If you do not agree or cannot comply with the Agreement as published, you are obligated not to use the Website.
Otherwise, you accept the Agreement in its current state.
CULTURAMA ACTIVITY OF CULTURAMA STUDIO
2.I. ARTISTIC SERVICE
CULTURAMA is a collective of authors, directors, and photographers who provide services in the cultural field. More specifically, the team accomplishes author work and/or culture-related missions for the benefit of clients such as institutions, brands, companies, associations, etc.
CULTURAMA designs, writes, and produces interviews and articles in several languages (FR, EN, RU, etc.), audio and video broadcasts, whether in its name or partnership, through patronage, or sponsorship (cf. article 4).
Thus, CULTURAMA created the eponymous webmagazine, the YouTube programs HOMEMADE and DISCOVERY, and has also executed various culture-related missions, such as event and exhibition curating, artistic direction, project designing, etc.
2.II. SALE OF ITEMS
The Website offers a platform to sell unique artistic objects in limited and signed editions. Each item is dated and can be signed in a personalized fashion by the artist. The platform can be consulted in the SINGULARITIES section of the Website.
The sale itself is concluded between (I) persons, e.g. customers, collectors, or intermediaries acting as consumers on behalf of a third party, (II) companies, e.g. customers, collectors, or intermediaries acting as consumers on behalf of a third party.
Our policy for collecting and using your personal data is governed by third parties: either YouTube, if you subscribe to the CULTURAMA video channel, or MailChimp if you subscribe to the CULTURAMA webmagazine, or Paypal and Stripe, if you purchase from the Website’s store platform (cf. articles 2.II. and 6).
Subscriptions are made on the corresponding sites or, in MailChimp’s case, through a dedicated form on the Website. Please read the YouTube and MailChimp Terms of Service carefully to be aware of how they operate.
Furthermore, it is specified that CULTURAMA is in no way held responsible for any malfunction of the YouTube or MailChimp websites, in terms of the collection of personal information or their management. Thus, you are solely responsible for the accuracy and content of your user information, i.e. you agree to keep them up to date.
Any partnership is agreed upon in active collaboration with the interested party, whether patron or sponsor. Such collaborations are formalized without exception via a negotiated contract.
USE OF THE WEBSITE
Accessing and browsing the Website are actions under limited, non-exclusive, non-transferable, and non-commercial license.
You thus agree not to:
- use the Website to reproduce copyrighted material;
- copy, store, edit, or modify any work derived in any way from the graphic content provided on the Website;
- use the Website in a way that violates the terms of this Agreement;
- usurp the identity of any person, entity, or company;
- collect email addresses or other personal information, whether in list or database form, for illicit purposes or not;
- email spam CULTURAMA via the Website subscription form;
- attempt to penetrate the Website’s security measures;
- attempt to gain unauthorized access to any other computer system through the Website;
- transmit computer viruses or other damaging software through the Website;
- use the Website for illegal purposes, in violation of any applicable law or regulation;
- violate any confidentiality or intellectual property regulation of affiliated third parties;
- transmit anything illegal, abusive, harassing, or damaging to the reputation of the Website or any other affiliated third party, such as pornographic, racist, xenophobic, or any other material inciting hatred, otherwise objectionable or inappropriate;
- stalk, harass or defame members of the CULTURAMA team, or any other affiliated third party.
You agree not to use the Website in any way that could damage, disable, overload, alter it, or even interfere with the experience of other parties.
CULTURAMA reserves the right to terminate access to the Website without notice for any user who violates these policies.
TERMS OF SALE
6.I ITEM DESCRIPTION
Each item put to sell on the SINGULARITIES store platform is accompanied by a visualization thumbnail and a descriptive sheet of the author, which includes information relating to the characteristics of the item, e.g. dates, dimensions, weight, etc.
6.II PRICE OF ITEMS
The price of the items put to sale is expressed in euros, all taxes included. It is indicated that the VAT fraction of the price varies depending on the delivery country.
The prices invoiced are those in force on the date of the order.
The delivery costs are automatically displayed on the Website when confirming the shipping option. It is furthermore communicated to you by email upon confirmation of the order.
In accordance with the provisions of article L.121-19 of the French Consumer Code, you shall receive, upon delivery, for each ordered item, a written confirmation of the paid price including the delivery costs.
6.III ORDER PROCESS
You place your order by following the instructions given on the Website. You agree to complete the corresponding forms, making sure to accurately provide the necessary information, given that you are responsible for it and that in the event of an error, CULTURAMA cannot be held responsible for any shortcomings or delays caused in the delivery of the ordered item.
6.IV LOGGING IN WHEN PURCHASING
You place your order and make the subsequent payment without creating a personal account. Yet, as stated in article 6.III., you must indicate the information necessary to process the order — last name, first name, delivery address, telephone number, and email.
6.V CONFIRMATION OF THE ORDER
After choosing the item and before confirming the order, you can check the total price and correct any errors. You confirm the order by clicking on “Payment”.
6.VI PAYMENT OF THE ORDER
After confirming the order, you are directed to the Stripe payment platform and/or PayPal, where you enter the personal information requested by the fields provided for this purpose.
You make sure that the entered data is correct, otherwise, the payment is not accepted.
From the date of the order, a debit request is sent to your bank. The order will be considered final after going through your bank security system.
6.VII PROOF OF ORDER AND WARRANTY
In general, email exchange with CULTURAMA constitutes commercial proof. Thus, as soon as the payment of the order is finalized by your bank, you shall receive a confirmation email serving as a receipt, and containing the following information:
- the date and time of the order,
- the unique order number,
- the essential characteristics of the item(s) sold,
- the total amount paid.
In addition, the person who sold the item through the Website’s store platform guarantees to be the author and/or the owner of the item in question, thus ensuring that it does not contravene in any way the laws, regulations, and ethical standards in force, and that it does not infringe the rights of third parties, either persons or companies.
Therefore, the author guarantees you the possession of the intellectual property rights in the event of a legal appeal by a third party on the article previously sold to a person other than you.
Finally, upon assignment of intellectual property, the author transfers to you the article itself and his/her rights of representation on the article. However, the author retains the moral rights to the transferred article as well as the rights relating to its reproduction.
Shipping costs are calculated according to the country of destination, the weight, the insurance option as well as the volume of the ordered item(s).
The delivery is carried out by the Boxtal services, for which the deadlines and conditions of service are to be consulted. The total costs and shipping delays are indicated upon confirmation of the order. The items will be delivered to the address as entered at the time of the order.
It is underlined that the delivery cannot be made to hotels or PO boxes.
Finally, you must ensure that you have communicated to CULTURAMA exact and complete information concerning the shipping address, i.e. recipient’s full name, street name, building number, apartment number, intercom number.
6.IX RETENTION OF OWNERSHIP
CULTURAMA retains ownership of the item(s) until full and effective payment of their price. It is stated that only the actual collection of the payment by CULTURAMA can be considered as an effective payment.
In the event of non-payment in full, CULTURAMA may, without prior notice, claim the item(s) that may have been delivered.
6.X INTELLECTUAL PROPERTY
The Website and its store platform remain the exclusive property of CULTURAMA which has created, uploaded, and/or hosted their content, e.g. texts, images, logos, and videos. You are therefore prohibited from disseminating or reproducing this data, in whole or in part, in any form whatsoever.
6.XI RIGHT OF WITHDRAWAL AND RETURN OF ITEMS
According to articles L.121-18, L221-18, L.221-23 to L.221-25 and L.221-4 of the French Consumer Code, you possess the right of withdrawal up to fourteen (14) days after receipt of the ordered item, provided it is returned in its original packaging, in perfect condition and bearing the security tag.
In the event of a staggered delivery of several items from the same order, the withdrawal period will begin to run from the date of reception of the last item at your address.
To exercise the right of withdrawal, you must inform CULTURAMA — in writing — of your desire to withdraw using the withdrawal form (cf. annex 1) or following any written declaration unambiguously expressing your desire to withdraw, giving details on the ordered items and, if applicable, on their shipping option.
Once the duly completed withdrawal form has been received by the competent services, CULTURAMA shall refund you for any debited amount, including the standard shipping costs. In other words, even if the conditions mentioned in article 6.XI. are met, CULTURAMA is not required to refund more expensive delivery methods other than the standard delivery method.
It shall be up to you to keep any return proof, which supposes that the items are returned by registered mail, or by any other means giving concrete and certified dates of dispatch and of receipt, whose shipping costs remain in any case at your expense.
Reimbursement of the invoiced price of returned items is made by crediting your bank account no later than thirty (30) days following receipt of the returned items.
You must ensure that the items delivered to you match your order. In the event that the received items do not comply with your order, you must inform CULTURAMA as soon as possible.
The return of the order must be made by registered mail, or by any other means providing concrete and certified dates, the total return costs being, if the non-compliance of the order is proven, the responsibility of CULTURAMA, in accordance with articles L.217-4 to L.217-13 of the French Consumer Code and in parallel with articles 1641 to 1648 and 2232/1245 of the French Civil Code relating to hidden defects and liability for defective products.
6.XIV LIMITATION OF LIABILITY
CULTURAMA declines all responsibility due in particular to normal wear and tear of the item or related to its improper use, induced by any deterioration or accident resulting from negligence, by any lack of supervision or maintenance, or by any modification or alteration of the item.
6.XV FORCE MAJEURE
CULTURAMA cannot be held liable in the event of non-execution or improper execution of the order due to force majeure. If such an event does occur, the order is immediately suspended and you are consecutively informed by email.
In the same vein, CULTURAMA shall inform you of the end of such an event, in which case the execution of the order shall resume. If it continues beyond thirty (30) days after the date of notification, the contract shall be considered automatically terminated. The sums collected by CULTURAMA before this termination date will then be refunded to you.
RIGHT OF USE
All textual, sound, graphic, or video elements provided on the Website as part of the CULTURAMA activity are the property of the respective content authors and/or holders. These materials are protected by copyright regulations and subject to restrictions on use under applicable laws (cf. articles 5, 6.X. and 8).
When downloading or screenshotting any content from the Website, you do not acquire any right on it: displaying, copying, reproducing, or re-publishing any content from the Website, for anything other than strictly personal, non-public, and non-commercial use, is therefore strictly prohibited and constitutes a violation of copyright laws.
The logo and the trade names displayed on the Website are the property of CULTURAMA and constitute its brand. These distinctive visual and textual elements may not be used in a manner to confuse, denigrate or discredit CULTURAMA, or any other third party (cf. article 5). Therefore, its external use is governed by copyright law.
In order to provide a high-quality interface and features, CULTURAMA reserves the right to use cookie technology. Cookies can only be used by CULTURAMA to record data about how a given session on the Website is unfolded — the pages consulted, the date, the total time spent on each of them, etc. — which are automatically read during your next sessions.
It is reminded that recent versions of the mainstream web browsers allow not only to decline or to accept cookies by configuring the browser but also to set an automatic deletion of cookies whenever the browser is closed, thus eliminating traces of anterior use.
In addition, it is underlined that CULTURAMA complies with the GDPR indirectly (cf. article 3): all the data that CULTURAMA may use are managed and stored by third parties, i.e. YouTube, MailChimp, Stripe, Boxtal, and PayPal, whose GDPR compliance has been established and verified.
The present Agreement is subject to French law.
The French language is to be used in the event of a dispute about the meaning of a term or disposition in this Agreement. Should a dispute arise regarding the interpretation, performance, or termination hereof, the concerned parties shall make all due effort to settle the matter amicably.
Subject to public policy provisions, any dispute relating to the interpretation and/or performance hereof shall fall within the jurisdiction of the Commercial Court of Paris (Tribunal de Commerce de Paris).
Please address any complaints to the email address ericdeculturama @ gmail.com, taking care to include all the necessary details, i.e. the date of the order, the order reference, your name, and a description of your complaint.
CULTURAMA is a registered trademark of the VEYAPROD company — SIREN 499353738, SIRET 49935373800028.
CULTURAMA is domiciled at 153 rue du Faubourg Saint-Denis 75010 Paris, France.
This Website is published and developed by résonance graphique for CULTURAMA.
By browsing this Website, you agree to follow the policies developed by this Agreement.
WITHDRAWAL FORM TEMPLATE
This form must be followed and returned if you wish to withdraw from the order placed through the store platform of the Website (cf. article 6.XI.), except for exclusions or limitations on the exercise of the right of withdrawal according to the applicable conditions (e.g. article 11).
The template is constructed as follows:
À l’attention de :
153 rue du Faubourg Saint-Denis 75010 Paris
I hereby notify my withdrawal from the order of items below :
Order date: …………………………………………………..
Order reference: …………………………………………………..
Your full name: …………………………………………………..
Your phone number: …………………………………………………..
According to article 238 bis AB of the French General Tax Code, any person or company can benefit from tax advantages by deducting 100% of the value of the acquired works of art from the taxable income of the company. In this case, it is an acquisition via a business intermediary.
Deduction of the price of the works of art from the company’s taxable income is possible if the work in question is an original produced by an artist alive at the time of acquisition.
This tax advantage is conditional on the exhibition of the work of art in a place accessible to the public, e.g. to employees, excluding individual offices.
Finally, it is specified that the tax deduction is spread over a period of 5 years, i.e. 20% of the acquisition price per year.