The Artmeniary is the official ARTMENIA service for the resale and recognized transfer of ARTMENIA references. Only a transfer carried out according to the official Artmeniary process allows ARTMENIA to register a new acquirer as the holder of the reference and the contractual rights associated with the digital fragment. The physical transfer or sale of the textile outside of this process does not effect this digital transfer.

22. THE ARTMENIARY

The ArtmeniaRY is the official ARTMENIA service designed to facilitate the connection, resale, and recognized transfer of ARTMENIA Pieces on the secondary market.

It notably allows ARTMENIA Piece holders to:

  • offer their Piece for sale;

  • receive, accept, refuse, or counter-offer an offer;

  • purchase a Piece offered for sale;

  • and perform the official transfer of the reference and the contractual rights associated with the digital fragment to the new acquirer's account.

When it is a transaction between individuals, the individual seller remains the physical seller of the item. ARTMENIA acts as an intermediary for the services expressly provided by the Artmeniary process.

ARTMENIA can notably ensure:

  • connection;

  • transmission of offers and counter-offers;

  • technical management of the process;

  • receipt and announced control of the product;

  • logistics planned for the transaction;

  • verification of consistency between the product, the NFC, and the reference;

  • and updating the reference holder in ARTMENIA systems.

The Artmeniary is the only process recognized by ARTMENIA for transferring to a new acquirer the status of active holder of a reference and the contractual rights associated with its digital fragment.

This exclusivity concerns the transfer of digital rights and services recognized by ARTMENIA. It does not claim to physically prevent a person from transferring or selling a textile to a third party; such an operation carried out outside the procedure simply does not entail the digital transfer provided for by these GTC.

If, in a particular operation, ARTMENIA were to be legally considered the professional seller, the corresponding legal protections would apply regardless of the qualification used in these GTC.

23. PURCHASE OFFERS

When a Piece is not directly offered for sale, a user can send an offer to its holder via the Artmeniary.

The holder can:

  • accept the offer;

  • refuse it;

  • or make a counter-offer.

The transmission of an offer or counter-offer does not, in itself, constitute payment, transfer of ownership, or reference.

In the ARTMENIA process, the transaction becomes final when the buyer validates the final conditions and makes the requested payment, subject, where the process provides for it, to physical inspection and the transaction validation conditions.

The validity period of an offer or counter-offer is that displayed in the interface or communicated in the corresponding message. Failing an expressly indicated duration, the offer remains revocable until it has been accepted under the conditions provided by the process.

The same reference cannot be subject to several simultaneous transfers. As soon as a transaction is definitively initiated, ARTMENIA may suspend other offers or requests concerning the same reference.

24. SELLER'S OBLIGATIONS ON THE ARTMENIARY

The seller must have possession of the textile and the right to transfer it. To also transfer the reference and the contractual rights associated with the digital fragment, they must be the active holder recognized by ARTMENIA of this reference or be able to justify a situation allowing its regularization in accordance with these GTC.

They must honestly declare:

  • the condition of the textile;

  • its size;

  • the condition of the NFC;

  • any defects;

  • repairs;

  • modifications;

  • and missing elements.

The requested photographs must be recent and accurately represent the Piece offered. A condition rating out of ten never exempts the seller from reporting significant defects.

The following are notably prohibited:

  • counterfeit products;

  • stolen goods;

  • references for which the seller is not the recognized holder or cannot justify their right;

  • misleading advertisements;

  • the attempt to obtain the digital transfer of a reference after a physical transaction concluded outside the procedure in circumvention of these conditions;

  • and any attempt to sell an element separately when the holder has validly committed to transmitting it jointly with another element of the Piece.

ARTMENIA may suspend an advertisement or a transfer when a serious indication justifies a verification. This suspension is limited to the time reasonably necessary for the control and does not constitute confiscation of the item.

25. ARTMENIA COMMISSION

When a sale is made through the Artmeniary, ARTMENIA receives a commission payable by the seller.

The commission is equal to the higher of:

15% of the sale price

and

€30 minimum.

The commission is included in the agreed resale price.

The net amount due to the seller therefore corresponds to the sale price minus the ARTMENIA commission and, only when legally applicable and announced, other accepted amounts.

Examples:

For a sale at €150, the commission is €30 and the seller receives €120.

For a sale at €200, the commission is €30 and the seller receives €170.

For a sale at €300, the commission is €45 and the seller receives €255.

The amount of the commission and the estimated net amount for the seller are indicated before the transaction is concluded.

No success fee is due solely because an offer is refused.

26. TRANSPORT AND CONTROL OF RESOLD PIECES

Depending on the proposed sales process, the Piece may transit through ARTMENIA before its delivery to the buyer.

The amount of applicable logistics fees is presented before payment.

When a Piece is received by ARTMENIA, a control may notably cover:

the reference;

the general visual identity of the product;

the announced condition;

the presence of the NFC;

the apparent functionality of the NFC;

and the consistency between the advertisement and the received product.

This control does not constitute an exhaustive technical or scientific expertise.

When a substantial difference from the description is observed, ARTMENIA informs the parties.

A modification of the price or another solution cannot be imposed without the agreement of the parties when it is necessary.

In the absence of agreement, the transaction may be cancelled and the amounts due are handled in accordance with the responsibility of each party and the applicable rules.

27. SELLER PAYMENT

Payments related to Artmeniary transactions are processed according to the payment method indicated at the time of the transaction.

When funds intended for the seller pass through an authorized payment or marketplace provider, the conditions of this provider apply to the technical payment, identification, and disbursement operations.

Marketplace payment provider: [TO BE COMPLETED BEFORE SERVICE ACTIVATION].

ARTMENIA does not present itself as a payment institution, escrow service, or payment service provider when it does not have the required approval or status. The financial process must be configured so that ARTMENIA only collects for its own account the amounts due to it, notably its commission and the services owed to it, unless a regulatory framework allows for another arrangement.

The seller receives, before or during the transaction, a summary allowing identification of the resale price, ARTMENIA commission, any logistical costs, and additional services.

Reimbursement to the seller occurs within the deadlines announced in the process and the conditions of the payment provider, after validation of the conditions provided for the transaction and subject to a documented dispute.

28. TRANSFER OF A REFERENCE AND ITS ASSOCIATED DIGITAL FRAGMENT

Each ARTMENIA Piece is associated with a unique reference and a specific digital fragment of the work from which it originates.

The status of holder recognized by ARTMENIA of a reference and the contractual rights associated with its digital fragment is recorded in ARTMENIA systems.

Any transmission intended to transfer this status to a new holder must be carried out through the Artmeniary or an official transfer procedure integrated into it and expressly validated by ARTMENIA.

After definitive validation of the transaction and, when provided for, control of the Piece, ARTMENIA proceeds to update the reference to associate it with the new acquirer's account.

As of this update:

  • the new acquirer becomes the holder of the relevant reference recognized by ARTMENIA;

  • the contractual rights of access and personal use of the digital fragment associated with this reference are transferred to them;

  • the previous holder ceases to be recognized by ARTMENIA as the active holder of this reference;

  • and the previous holder must cease to present themselves to ARTMENIA as the holder of the corresponding digital fragment.

A reference can only be associated with one active holder at a time in ARTMENIA systems.

The material possession of the textile, the physical retention of its NFC tag, knowledge of the associated URL, or the voluntary transfer of the textile to a third party are not sufficient to trigger the transfer of the holder status recognized by ARTMENIA.

The ARTMENIA register constitutes the contractual system used to determine the person benefiting from the digital services, access, and prerogatives attached to the reference, without prejudice to the legal rules applicable to the material ownership of the textile or the rights of third parties.

29. TRANSFER OR SALE OUTSIDE THE ARTMENIARY

To ensure the traceability of ARTMENIA Pieces, the uniqueness of references, and the continuity of their association with their digital fragment, the official transfer of an ARTMENIA reference to a new holder must be carried out through the Artmeniary or the official transfer procedure linked to it.

A sale, gift, exchange, or any other material transfer of the textile carried out outside this procedure does not result in any transfer of the reference or the contractual rights associated with the digital fragment within the ARTMENIA systems.

Consequently, when an ARTMENIA textile is transferred or sold to a third party outside the official process:

  • the third party is not recognized by ARTMENIA as the active holder of the reference;

  • the associated digital fragment is not linked to their account;

  • the contractual rights of access, management, transfer, or refabrication attached to the reference are not automatically attributed to them;

  • the reference remains associated, in ARTMENIA systems, with the last regularly registered holder;

  • and ARTMENIA is not obliged to automatically regularize the transaction.

Physical possession of an ARTMENIA textile is therefore not sufficient to confer the status of holder of the associated digital fragment recognized by ARTMENIA.

For a new acquirer to be recognized by ARTMENIA as the holder of the contractual ensemble comprising the reference and the associated digital rights, the transfer must follow the official Artmeniary procedure.

The holder wishing to sell or transfer their Piece must use their "My Artmeniary" space or any official transfer functionality provided by ARTMENIA.

This rule notably guarantees:

  • the uniqueness of the registered holder for each reference;

  • the successive traceability of holders;

  • the maintenance of the association between the reference and its digital fragment;

  • secure access updates;

  • management of any refabrications;

  • and, when applicable, the continuity of obligations attached to an original canvas associated with the reference.

ARTMENIA does not guarantee payment, condition, delivery, or authenticity of a transaction concluded outside the Artmeniary and does not recognize this transaction as having operated the contractual transfer of the associated digital fragment.

This stipulation does not claim to automatically annul a material sale of the textile concluded between third parties when the law recognizes its effects; it exclusively defines the conditions under which ARTMENIA agrees to transfer and provide the digital rights and services attached to the reference.

https://artmenia.fr/policies/terms-of-sale