GDPR Compliance
GDPR CompliancePublication Director: SellArts
Name and address of the host: [to be provided by your host]
Contact of the DPO ("Digital Protection Officer")You can contact the DPO about privacy at [your DPO email address].
Data security
The data is hosted by [to be provided by your host]. All communications between your browser and our servers use the HTTPS protocol which encrypts the data before it is transmitted over the network. Passwords are not stored in clear text in our database but are encrypted using the latest security technologies. Communications between our servers are made on a private network, inaccessible from the outside.
Advertising
SellArts does not offer advertising linked to the profile but only to the context of the pages consulted: the promotion areas display sponsored works, which appear on the home page or inside the site and can display, for example, works of the type "sculpture" if you visit the sculpture page, or "painting" if you visit the painting page.
If no advertising is available, we may use external service providers, such as Google Ad Exchange, which displays advertising based on your profile. You can consult the details of Google's GDPR compliance on their dedicated page.
Some advertisers use advertising management platforms external to SellArts. In this case, we do not program a banner, but a "tag" that dynamically calls the client's advertisements. The client may have access to some basic connection data (IP address, for example), but never to the data of SellArts members. To oppose this, you can manage access rights via these platforms.
Other third parties
Other third parties may intervene on the platform in the following ways:
• Share buttons (Facebook, Twitter, Instagram, etc.) present on most pages, which, when you are connected to these platforms and you browse SellArts, will store personal information according to their own rules.
• Google Analytics, to better understand our audience, with anonymized information (anonymized IP).
• As with most online communities, our moderators have limited access to member data, including account email address, date and time of last logins to the site, history of moderated or deleted content, and moderation history. Moderators do not have access to private messaging.
Member Profile
The member profile contains the information you filled out when you registered, including the following information:
• Email address
• Personal username and password
• Postal code/city/country
Conditions of sale - artists
Preamble
SellArts.net is a Marketplace published by SARL SellArts with a capital of 1,000,000 CFA francs, whose head office is located in Abidjan, Cocody ABIDJAN COCODY DEUX PLATEAUX VALON NEAR THE SAINT GIL PHARMACY. The company is registered in the Trade and Companies Register of Côte d'Ivoire under number RCCM CI-ABJ-03-2023-B13-14057, telephone: +2250757513291, E-mail: sellarts.ci@gmail.com
SellArts manages on https://www.SellArts.net hereinafter the “Site”), a marketplace allowing major selling artists, after registering on the Site, to enter into relations with registered buyers to sell and buy original works of art (hereinafter the “Works”) via SellArts.
This Site is accessible to all buyers at the URL https://www.SellArts.net (hereinafter “SellArts.com”).
SellArts, as a host, acts only as an intermediary and is not the direct seller of the Works offered by the artists on the platform. The majority of works are shipped and delivered to buyers by the artists themselves, under the supervision of the SellArts control office. The works are then shipped by SellArts.
1.1 Acceptance and modification of the general conditions of use
The General Conditions of Use (hereinafter the “GCU”) govern access to and use of the marketplace.
Use of the Site implies the prior, express and unreserved acceptance of the GCU by the selling artist. By clicking on "Register" when creating his account, and after checking the box "By clicking on Register, you accept the General Conditions of Use", the selling artist agrees to be bound by all the provisions of the GCU.
This action is equivalent to a handwritten signature. The selling artist recognizes the legal value of SellArts' automatic registration systems and waives the right to contest them unless proven otherwise.
Sales made via the Site between buyers and artists are governed by the General Terms and Conditions of Sale (hereinafter the “GTC”), which the buyer must accept with each order confirmation. The GTC supplement the T\&Cs of the selling artist.
SellArts reserves the right to refuse access to the marketplace, without notice, to any artist who does not comply with these T\&Cs.
The selling artist is informed that SellArts may modify the T\&Cs of the Site at any time, in particular to adapt its services or in response to legal, jurisprudential, editorial and/or technical developments. SellArts will inform the selling artist of these modifications by e-mail or by a special notification displayed on his account.
These general terms and conditions are applicable to the relations between the parties to the exclusion of all other conditions, in particular those of the selling Artist. Acceptance of these general conditions implies that the selling Artists have the necessary legal capacity, or that they have obtained the authorization of a guardian or curator in the event of incapacity, of a legal representative if they are minors, or that they are acting under mandate on behalf of a legal entity.
1.2 Description of the Marketplace service
Transactions carried out on the SellArts marketplace are carried out directly between the Buyer and the selling Artist. SellArts is not a reseller of the works offered by the selling Artists on the site.
On the other hand, SellArts, via its “resellers” section, is able to be the direct seller of the works offered
Works purchased via the site cannot be taken back or exchanged by SellArts.
SellArts reserves the right, at any time, to temporarily or permanently suspend access to the marketplace to any selling Artist who does not comply with these T\&Cs.
1.3. Terms and conditions of access to the platform
The site is accessible free of charge to any selling Artist at the address "https://www.SellArts.net ”, without obligation to purchase. SellArts also offers additional services to selling Artists, accessible through a monthly or annual subscription. These services, although optional, may include additional features for the sale.
The selling Artist is solely responsible for the proper functioning of his computer equipment and his Internet access.
Subscriptions
Access to the Site is free. However, to benefit from certain services, the selling Artist may subscribe to a monthly or annual subscription, in particular to access the "Premium account" services. These services are detailed at the time of the order and may concern the provision of additional features, promotion, etc. However, these services do not guarantee in any way the sale of a particular number of works.
Choosing a Subscription
To subscribe to a subscription, the selling Artist can access it via his artist dashboard
Validation of the choice
When subscribing to a subscription, the Selling Artist will have to provide their billing information. They will then be able to check the details of the chosen subscription as well as its price. If everything is in order, they will be able to validate their order by clicking on the button provided for this purpose.
Payment by the Selling Artist
Once the order has been validated, the Selling Artist will be invited to make their payment via a secure interface by credit card or mobile money
Confirmation of the subscription by SellArts
Once the payment has been received, SellArts undertakes to acknowledge receipt electronically within a maximum of 24 hours. SellArts will also send an email summarizing the order and confirming its processing.
Duration of the Subscription
The subscription takes effect upon receipt of payment by SellArts. The subscription is concluded for an indefinite period. The Selling Artist may cancel it at any time, without the right to reimbursement. The right of withdrawal does not apply to contracts for the supply of services fully executed before the end of the withdrawal period or whose execution has begun after the express agreement of the Artist seller and waiver of his right of withdrawal.
Early termination of the Subscription by SellArts
In the event of non-compliance with these general conditions by the Artist seller, SellArts may terminate the subscription automatically and without intervention of the judge. This termination does not affect SellArts' right to claim damages in the event of a breach.
Promotional services
SellArts offers promotional services for works, artists, cultural events, or other services. These promotions can be carried out on online media (on SellArts, partner sites or its social networks). Promotional purchases do not guarantee contacts or sales following the promotion. Information on the scope of the various promotions is provided at the time of ordering and is indicative. It is the responsibility of the Selling Artist to read and understand them before placing an order. Promotions are not refundable, whether fully executed or not.
To sell on SellArts, the Selling Artist must be:
• A natural person of legal age with the capacity to contract, or a legal entity, in which case the representative must provide his identity, company name, identification number, telephone number, and email address.
• Access to the site is reserved for strictly personal use by the Selling Artist.
Creation of a Personal Account
To sell works on the site, the Selling Artist must create a personal account (hereinafter the "Account").
This account allows you to:
Manage your personal information (contact details, email address, password)
Access the site's social functions (comments, creation of collections, sharing on social networks, messaging, etc.)
Make an order simulation (calculation of delivery costs and the total amount of the order)
Access your invoices and information concerning orders (tracking number)
Sell works on the site
Contact SellArts customer service
Verification of the Selling Artist
To verify the compliance of Selling Artists with anti-corruption legislation and ensure their probity, SellArts may request the registration of certain data in order to proceed with the payment of sales. The requested documents may include: identity card, passport, driving license.
The Selling Artist can create an Account by clicking on the "Register" button at the top right of the site's navigation bar. He must provide a valid email address and a password, which he agrees to keep confidential.
The Selling Artist undertakes to provide accurate, complete, and up-to-date information. In the event of a change, he must inform SellArts without delay via the messaging system provided.
In the event of loss, misappropriation, or fraudulent use of his username or password, the Selling Artist must immediately inform customer service.
Account creation is limited to one profile per Selling Artist.
The Selling Artist must also comply with the following rules:
Do not harass other users, do not make defamatory, homophobic, or racist remarks, and do not violate the laws and regulations in force.
Do not obtain information about other users manually or automatically.
Do not access another participant's account.
Do not denigrate, defame, or disclose confidential information about the platform or its members.
Deletion of the Personal Account
The user can delete his account and all his data from the settings section.
SellArts reserves the right to unilaterally delete a Seller Artist account in the event of non-compliance with these T\&Cs, particularly in the event of false information, fraud, or attempted fraud.
Rating of the Seller Artist by the Buyer
SellArts does not guarantee that the site operates in any environment or without interruption. The site may be modified or interrupted without notice. SellArts shall not be held liable in the event of unavailability of the marketplace due to these modifications or interruptions. SellArts may temporarily interrupt or modify access to the site for maintenance or other reasons, without obligation to compensate.
1.4 Obligations related to transactions carried out through SellArts
The Selling Artist, by agreeing to sell works through the SellArts marketplace, must declare himself as a professional Selling Artist as soon as he carries out transactions on the platform.
The Selling Artist undertakes to comply with the laws in force in his country regarding commercial activity, in particular with regard to registration, tax, social, and accounting obligations.
The Selling Artist must ensure that he fully satisfies the Buyer by offering a quality service, and he is required to respond to emails from SellArts customer service (hereinafter “support”) within a maximum of 2 working days after receipt. Communication with support can be done in French or English, and exchanges with support are strictly confidential.
The contents of the SellArts site may be protected by copyright and database law. Any unauthorized use of the Site's contents, whether reproduction, translation, or adaptation, is prohibited and may result in legal proceedings for infringement. The Selling Artist undertakes not to use the Site's contents for purposes other than those provided for in the contract.
1.4.1 Obligations concerning the offer of works presented by the Selling Artist
The Selling Artist must have received all necessary explanations on the use of the services offered by SellArts before subscribing to the contract. He must provide all the elements necessary for the performance of the services and inform SellArts of any circumstance likely to affect the execution of the contract.
The Selling Artist declares that he only sells works of his own creation or that he has the necessary rights and authorizations. In the event of recourse related to these rights, he is solely responsible and guarantees SellArts against any possible prosecution.
The Selling Artist undertakes to use the marketplace only for his own needs and within the limits provided for in the contract. Any violation of these commitments may result in the immediate termination of his account, without prejudice to possible legal action.
1.4.2 Obligations regarding the price of the works
The selling Artist determines the price of his works freely, in accordance with the laws and regulations in force. This price must include all taxes and fees (VAT, packaging, etc.), with the exception of delivery costs, which will be added when the Buyer validates the order. Delivery costs are calculated based on the dimensions and weight of the work, as indicated by the selling Artist.
The selling Artist guarantees that the prices offered on SellArts are the most competitive. He must also regularly update his prices and check the availability of his works.
1.4.3 Obligations regarding the sale of works
The sales contract is concluded directly between the selling Artist and the Buyer. The selling Artist must ensure that only works available for sale are offered on SellArts. In the event of an order, he must confirm it within 2 days and ship the works within 3 working days following confirmation. In the event of non-compliance with these commitments, SellArts reserves the right to suspend or terminate the account of the Selling Artist.
1.4.4 Obligations regarding the delivery of works
The delivery of the works is ensured by SellArts. The delivery costs are calculated based on the information provided by the Selling Artist and are included in the public price displayed.
The Selling Artist is responsible for the packaging of the works and must ensure that they are properly protected for transport. In the event of damage due to inadequate packaging, the Selling Artist is solely responsible.
The Selling Artist must also respect the commitments regarding follow-up and delivery times. Any delay or impediment must be reported to SellArts.
1.4.6 Type of works accepted for SellArts
The Artist selling on SellArts is free to offer his works on the Marketplace, provided that they meet one of the following characteristics:
- The work is an original work of art.
- The work is a limited edition of art.
- The work has a recognized commercial value.
NB: Any other type of work will not be accepted on the platform and may be deleted without notice by the SellArts editorial team. The editorial team also reserves the right to remove any work whose artistic interest is not deemed sufficient for our audience. The Artist selling undertakes to describe the works sold clearly and precisely so that buyers are fully informed of the nature of the works before their purchase.
1.4.7 Fair Use Policy for Selling Artists on SellArts
SellArts is committed to prioritizing the quality and authenticity of the works displayed on the platform. Thus, Selling Artists must respect the following guidelines:
Originality: Selling Artists must only upload works that they have created themselves and for which they own all necessary rights. Reproductions of other artists' works or any content that infringes on the intellectual property rights of others are strictly prohibited.
Artistic Value: Selling Artists are encouraged to present their best works, those that reflect a high standard of artistic value. SellArts reserves the right to review and remove any content that does not meet our quality criteria.
Fair Use Compliance: While “fair use” allows for the use of copyrighted material in certain contexts such as criticism, commentary, or education, artists are not permitted to reproduce or distribute copyrighted material without permission on our platform. Failure to comply with these guidelines may result in disciplinary action against the artist’s account, up to and including permanent termination. SellArts encourages all Selling Artists to be respectful, original, and positively contribute to the community.
1.5 Financial Terms for SellArts
Artworks sold on SellArts: For each order received by a Selling Artist, SellArts will receive a commission in the amount set out in the “Selling Commissions” section, plus shipping and VAT. The commission is applied to the entire order (price of the artwork + shipping and any other fees). For example, for an artist subject to a sales commission of 35% (excluding VAT): for a work sold at 100,000 CFA francs, including shipping costs, SellArts will apply a rate of 35%, or 35,000 CFA francs of commission.
VAT on sales commissions: If the selling Artist resides in an ECOWAS/UEMOA country, the applicable VAT is that of the country of residence. For example, in Côte d'Ivoire, the VAT is 18%. For an artist subject to a sales commission of 35% excluding tax, the commission with VAT will be 35% x 1.18 \= 41.3%. For a work sold at 100,000 CFA francs, the sales commission with VAT will therefore be 41,300 CFA francs.
Payment terms: SellArts will pay the selling Artist the full amount of the order, less the commission, after confirmation of receipt of the work by the Buyer and once the withdrawal period has expired. Payment will be made to the selling Artist's bank account indicated on his SellArts account. In the absence of confirmation of receipt of the work by the Buyer, and if no dispute has been received within the time limit, SellArts will consider the work as received 45 days after the shipping date. In the event of a dispute regarding the receipt of the work, SellArts will take the necessary measures to resolve the problem, including reimbursing the Buyer if necessary.
Sales commissions: SellArts will receive a commission of 30% for accounts benefiting from the Premium service at the time of sale, and 35% for other types of accounts. For Selling Artists resident in countries where VAT applies, it will be collected in addition and automatically transferred to the country of residence.
1.6 Suspension and termination on SellArts
These T\&Cs are concluded for an indefinite period. Either party may terminate the T\&Cs at any time, with one month's notice. SellArts reserves the right to temporarily or permanently suspend a Selling Artist in the event of non-compliance with its obligations, after notification to the main email address of the account. In the event of serious misconduct or repeated breach, SellArts may terminate the contract without notice or compensation for the Selling Artist.
The Selling Artist may delete his Account and all of his data at any time from the settings section of his Account.
1.7 Claims and dispute resolution for SellArts
These T\&Cs are subject to Ivorian law. SellArts reserves the right to modify these T\&Cs at any time. The applicable general conditions are those in effect at the time of the order or connection of the Selling Artist. For any complaints, please contact customer service via SellArts support. Disputes will be submitted to the competent court of Abidjan if no amicable solution can be found.
1.8 Personal data on SellArts
Selling Artists may provide personal information about themselves for registration on the site. This data is necessary for account management and will not be used for other purposes without consent. SellArts undertakes to protect this data and not to transfer it to third parties without express agreement or outside the cases provided for by law. Selling Artists have the right to object, access and rectify their data.
1.9 Intellectual property on SellArts
1.9.1 Legal protection of the Site's contents: The Site's contents are protected by copyright and database law. Any unauthorized reproduction or use is subject to legal action.
1.9.2 Contractual protection of the Site's contents: The Internet user undertakes not to use the Site's contents for purposes other than reading them, except for indexing robots.
1.9.3 Intellectual Property of the Works: The Selling Artist assigns to SellArts, on a non-exclusive and free basis, all exploitation rights to the images of the works. The assignment is granted for the duration of the literary and artistic property and for the entire world. SellArts reserves the right to reproduce, represent, adapt and exploit the works, including their modification and their association with other works. The Selling Artist guarantees to be the sole author and holder of the rights to the works and undertakes to respect the rights of third parties.
General conditions of sale - buyers
GENERAL CONDITIONS OF SALE
Article 1. Purpose
These conditions of sale aim to define the contractual relations between SellArts, a company with a capital of 1,000,000 CFA francs, whose head office is located in Abidjan, Cocody ABIDJAN COCODY DEUX PLATEAUX VALON NEAR THE PHARMACY SAINT GIL, and the buyer, whether a natural or legal person, wishing to make a purchase via the SellArts website.
The acquisition of a work of art through the site implies unconditional acceptance by the buyer of these conditions of sale. The buyer acknowledges having read the general conditions of sale before placing an order.
SellArts reserves the right to modify these conditions of sale at any time to comply with new regulations or to improve the user experience on the site. The applicable conditions will be those in effect on the date of the order.
SellArts acts as an intermediary between artists (sellers) and buyers. The works are shipped and delivered to buyers by SellArts.
Article 2. The Sales Contract
Order: To place an order, the buyer selects one or more works, which are added to his/her cart. The details of each work, including its availability, price, and delivery times, are specified in its description sheet. Once the order is complete, the buyer can access his/her cart to check the selected works and the associated prices.
Validation of the order: By validating his/her cart, the buyer confirms his/her intention to purchase the selected works, accepts these general conditions of sale, and can finalize the order by registering or logging into his/her account on the site.
Payment: The buyer is then invited to enter the information necessary for payment via a secure interface, including the words "order with obligation of payment".
Confirmation of the order by SellArts: SellArts, as a marketplace, checks with sellers the availability of the works and validates the transaction. If the seller does not validate the order within 7 days or if the work is no longer available, SellArts reserves the right to cancel the order. Once the order is validated, SellArts sends a confirmation to the buyer electronically.
Receipt of the order by the Seller: The seller has 2 days to confirm the order. In the event of no response, the order is automatically canceled. The seller must ensure that the works offered are available and updated on the site.
Shipping and tracking: SellArts ships orders from its control office. The buyer is responsible for any import or customs fees. In the event of a damaged package, the buyer must report the damage within 48 hours of receiving the package.
Article 3. Prices and payment
The prices of the works are indicated on the site taking into account the applicable currency, all taxes included. Shipping costs may be added according to the terms indicated on the site. The buyer can make his payment via the available methods, including secure payments by credit card or mobile money provided by providers such as APAYM (weblogy) or the Mansa bank payment solution
Article 4. Shipping
SellArts undertakes to ship the works within 10 working days after confirmation of the order. The transfer of risks to the buyer is made upon physical receipt of the work.
Article 5. Right of withdrawal and guarantees
The buyer has a period of 14 days from delivery to exercise his right of withdrawal. In the event of a return, the work must be returned in perfect condition for the buyer to be reimbursed.
Article 6. Customer Service
SellArts customer service is available Monday to Friday from 9am to 5pm GMT, by telephone at 0757513291, by email at sellarts.ci@gmail.com, or by post at the address indicated in Article 1 of these general conditions.
General Terms and Conditions of Sale and Use (GTCU) - Galleries
1. PurposeThese General Terms and Conditions of Sale and Use (GTCU) define the rights and obligations of galleries using the SellArts platform to sell artworks. By accepting these conditions, galleries agree to respect the terms established by SellArts.
2. Access and Use of the Platform
Registration and Account: Galleries must create an account by providing accurate and complete information. SellArts reserves the right to suspend or terminate any account that does not comply with these conditions.
Authorized Use: Galleries may use the platform to display, promote, and sell artworks. Any other use, including advertising for unrelated services, is prohibited.
Gallery Offer:
Sending Special Purchase Links: The gallery can generate unique purchase links for specific customers, allowing them to directly access the works of interest with exclusive offers.
Access to Sales Analytics: Track the performance of each artwork exhibited, with monthly sales reports.
Private Catalog: The gallery can create catalogs of artworks not publicly exhibited on the platform, accessible only via invitation or special link.
Sales Commission: 10% commission on each sale made through the platform.
Financing Option for Clients: Clients can benefit from financing solutions for the purchase of artworks, offered in partnership with Mansa Bank.
Use of the Artwork Viewing System: Galleries can use the Artwork Viewing System for their own account and that of their clients.
Pricing:
3. Galleries’ Commitments
Authenticity of Works: Galleries guarantee that the works offered for sale are authentic and respect copyright. Descriptions must be accurate and complete.
Availability: Galleries must keep the availability of the works offered up to date. In the event of a stock shortage, the work must be withdrawn from sale immediately.
Pricing: Galleries freely set the prices of the works, but SellArts reserves the right to request adjustments to reflect market conditions.
4. Sales and Transactions
Sales Process: Transactions take place directly through the SellArts platform. SellArts receives a 10% commission on each sale made through the platform.
Payment: Payments are made through the secure payment methods offered by SellArts. Funds are transferred to the gallery after deduction of the commission and confirmation of delivery of the work.
Delivery: The gallery is responsible for packaging and shipping the works. Shipping costs are the responsibility of the buyer, unless otherwise agreed.
5. SellArts Obligations
Promotion: SellArts undertakes to promote the works of galleries via its platform and communication channels.
Support: SellArts offers technical and commercial support to galleries to optimize their sales on the platform.
6. Liability and Disputes
Liability of Galleries: Galleries are responsible for the works they sell, including in the event of a dispute with a buyer. They must manage claims related to damages or lack of conformity.
Dispute Management: In the event of an unresolved dispute between a gallery and a buyer, SellArts may intervene as a mediator, but is not responsible for final resolutions.
Indemnification: Galleries agree to indemnify SellArts in the event of claims resulting from a violation of these T\&Cs.
7. Intellectual Property
8. Termination
Termination by the Gallery: The gallery may terminate its account at any time. However, current orders must be honored.
Termination by SellArts: SellArts may suspend or terminate a gallery's access to the platform in the event of non-compliance with the T\&Cs.
9. Modifications to the T\&CsSellArts reserves the right to modify these T\&Cs. Galleries will be informed of the modifications and may accept them or terminate their account accordingly.
10. Applicable Law and JurisdictionThese T\&Cs are subject to Ivorian law. Any dispute will be subject to the exclusive jurisdiction of the courts of Abidjan.