1. Parties and purpose
The 'Online Artist' service (hereinafter the Service) is published and invoiced by CC Développement, sole proprietorship of Cyril Canon, SIRET 444 114 011, Agde (Hérault), technical provider for the company GALERIE ROZ IN WINTER SASU (RCS Melun 905 243 549), hereinafter the Gallery. It enables an artist not exhibiting in the Gallery's premises (hereinafter the Artist) to present and sell their artworks on the galerierozinwinter.com website.
The subscription and the sale of artworks are governed by two separate contracts: the present subscription, concluded with CC Développement, and the sales mandate concluded with the Gallery, governed by its general terms and conditions of sale.
2. Service content
- A public artist page, automatically translated into the website's languages.
- Publication of up to 10 artworks, with automatically generated augmented reality visualisation.
- Online sales of published artworks, invoice generation and sales tracking from the artist dashboard.
- Display of artworks in the 'Online Artists' section of the website and their inclusion in the Gallery's conversational assistant.
The Service includes no guarantee of sales, visibility or results.
3. Price and invoicing
The price is €25 excluding VAT per month, i.e. €30 incl. VAT, or €275 excluding VAT per year, i.e. €330 incl. VAT (one month free), at the current VAT rate of 20%. Payment is by bank card via Stripe, upon subscription and then at each billing date (monthly or annual) on the anniversary date. The first payment is due upon subscription: there is no trial period. Invoices, including VAT, are available in the artist account, Subscription section.
Any change to the price is notified by email at least thirty days before it takes effect; the Artist may cancel free of charge before that date.
4. Sales commission
On each sale made via the website, the Gallery receives a commission of 40% of the public price. The Artist sets their net price; the displayed public price is the net price increased by the commission, rounded up to the nearest ten. This commission is collected by the Gallery and not by CC Développement.
5. Duration, cancellation, suspension
The subscription is concluded for one month, automatically renewed each month. The Artist may cancel at any time, without charge or justification, from their artist dashboard (Subscription section, cancellation button) or by email to artistesrozinwinter@gmail.com. Cancellation takes effect at the end of the current month already paid; artworks remain visible until that date.
In the event of payment failure, artworks remain visible for 14 days to allow regularisation. After this period, they are hidden from the website without being deleted. They become visible again upon payment.
The page and artworks of a cancelled artist are kept for twelve months, then deleted, unless the Artist requests otherwise.
6. Right of withdrawal
When the Artist subscribes as a consumer, they have fourteen days from subscription to withdraw, by email to artistesrozinwinter@gmail.com or using the form available on the General Terms and Conditions of Sale page. By ticking the box provided during registration, the Artist expressly requests that the Service begin before the end of this period; in case of withdrawal, they are refunded pro rata for the remaining days of the first month.
7. Artist's obligations
- Publish only original artworks of which they are the author or for which they hold the rights, and accurate information (title, medium, dimensions, price).
- Publish no content contrary to law, third-party rights or public order.
- Honour sales concluded via the website: make the artwork available under the conditions provided by the Gallery's general terms and conditions of sale.
- Maintain confidentiality of their login credentials.
The Gallery and CC Développement may remove an artwork or suspend an account in case of breach, after notification by email. Suspension for serious breach does not give rise to a refund.
8. Intellectual property
The Artist retains all rights to their artworks. They authorise the Gallery and CC Développement to reproduce and represent images of their artworks on the website, in newsletters and on the Gallery's social media, for the promotion of their artworks, for the duration of the subscription and twelve months thereafter.
9. Personal data
The Artist's data are processed by the Gallery and CC Développement for the execution of the Service and invoicing. Payment data are processed by Stripe. Details of how to exercise rights appear in the website's privacy policy.
10. Liability and disputes
CC Développement undertakes a best-endeavours obligation regarding website availability. In case of an interruption exceeding seven consecutive days attributable to CC Développement, the current monthly payment is refunded pro rata upon request. This contract is governed by French law. In case of dispute, the consumer Artist may have recourse free of charge to a consumer mediator; the mediator's contact details are provided upon request to artistesrozinwinter@gmail.com.
Only the French version of this document is authoritative; translations are provided for information.