English
1 - PURPOSE AND ENFORCEABILITY OF THE GTCS
The purpose of the ARTHUDA.COM website is to present Artworks from artists (hereinafter the
“Sellers”) to the users of the site (potential “Buyers”), and to give them the opportunity to
discover and buy them online directly from the Seller.
These general terms and conditions of sale are meant to define the terms and conditions for
the online sale of the Artworks available on the site, and to define each party’s rights and
obligations in such a relationship.
The sales made through the Site are contracted directly between the Buyer and the Seller.
ARTHUDA.COM is not, in any respect, a reseller of the Artworks proposed by the Sellers
through the Site.
ARTHUDA.COM acts as a simple middleman in the context of the provision of the Site that allows Sellers and Buyers to connect.
As a result, ARTHUDA.COM is not a party to the contract which is concluded only between the Buyer and the Seller, who is the only Seller of the Artworks and therefore the only one bound to obligations arising therefrom.
2 – ORDER
The Artworks are offered for sale on the Seller’s website, subject to their availability.
Each of the Artwork offered comes with a short explanation sheet containing information
about its substrate, its dimensions, its weight and type.
To order an Artwork, the Buyer must select the Artwork of his/her choice, place it in his/her
cart and provide the necessary personal information to place the order (or identify
him/herself, if he/she has a User account). Before validating the order, the Buyer must check
the information appearing on the order summary, and he/she can correct any potential
mistakes in the items inserted, as well as read about the delivery costs.
The Buyer will not be charged for the payment before his/her purchase offer has been
validated, which is done within 48 hours by ARTHUDA.COM, in order to ensure the Artwork’s
availability from the Seller.
If the Artwork is no longer available, an email informing the Buyer will be sent within 48
hours, cancelling the order
3 – SALES PRICES AND TERMS OF PAYMENT
The Artworks sale price is listed on the Site in the currency set by the Buyer and includes all
taxes, excepting delivery and packaging fees if applicable.
The different methods of delivery and related costs are shown in the order summary. The
delivery and packaging costs depend on the type of artwork, its dimensions, its weight, as
well as the place of delivery.
The payment of the artwork price by the Buyer to the Seller is made via the payment services
available from ARTHUDA.COM : credit card only (which terms of use available at :
www.arthuda.com)
Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure
to pay the full price automatically cancels the sale, and the artwork is put back for sale on
ARTHUDA.COM.
4 - STATUTORY GUARANTEES
The Seller commits to respect and implement the statutory guarantees of the Buyer, i.e. : the
guarantee of non-compliance and the guarantee of hidden defects.
5 - INTELLECTUAL PROPERTY
The Seller guarantees that he/she is the author of the ceded Artwork and that the later does
not violate any laws, regulations and standards in force, or affects the rights of third parties.
He/she commits to protect ARTHUDA.COM and the Buyer in case of any action brought by a third
party about the ceded artwork, as part of the warranty of quiet possession.
Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its
representation rights on the artwork.
The Seller however retains his/her moral right on the artwork as well as the rights regarding
its reproduction.
6 - DATA PROTECTION
ARTHUDA.COM gathers and retains the Buyer and the Seller’s personal data to ensure proper
execution of these terms.
Pursuant to the law No. 78 - 17 of January 6, 1978 relating to Information Technology, Files
and Civil Liberties, the User has a right of access, modification, correction and deletion of
his/her personal data processed via the Site, and the right to object to the communication of
such data to third parties on justified grounds by sending a request to the following address :
contact@arthuda.com
The personal data provided by the Seller will be destroyed no later than six months after the
cancellation of the account.
ARTHUDA.COM reserves the right to retain certain data in order to justify, when necessary, the
perfect execution of their contractual or legal obligations. The stored data will be limited to
what is strictly necessary for the operation of the service.
ARTHUDA.COM is committed to take all necessary measures to best protect the confidentiality of
the information provided by the Seller and the Buyer.
7 – APPLICABLE LAW
These general terms and conditions of sale are governed by UAE law.
8 – COMPETENT JURISDICTION
Any dispute concerning the validity, interpretation or execution of these General Conditions
of Sale shall be brought before the UAE Courts.