Preamble
The company Picassart SRL (hereinafter referred to as “Picassart”), a limited liability company incorporated under Belgian law, whose registered office is located at Chaussée de Waterloo 53, 5000 Namur (Belgium), operates the online platform Artaplaza, accessible at the address www.artaplaza.com.
Artaplaza is an international marketplace dedicated to connecting professional sellers and buyers, lovers of art, design, furniture and quality decorative objects.
The platform allows professional sellers, with a subscription (paid or free), to present their items, benefit from online visibility services, order processing, adapted transport solutions, and secure payments.
Picassart checks, on the basis of the information and documents provided by the sellers, the quality and suitability of the advertisements published on the platform.
However, Picassart is in no way the seller of the items offered on Artaplaza, and cannot be held responsible for the ownership, conformity or delivery of said items, nor for the proper execution of sales made by sellers via the platform.
The purpose of these General Conditions (hereinafter “GC”) is to define the rights and obligations of Users (sellers and buyers) in the context of the use of the Artaplaza platform.
Article 1 — Definitions
1.1 Buyer
Refers to any natural or legal person, professional or non-professional, registered on the Artaplaza platform, who purchases or wishes to purchase one or more items offered for sale on Artaplaza, whether for personal, professional, decorative, collector's or resale use.
The Buyer undertakes to use the platform in accordance with these General Conditions, and in compliance with the legislation applicable in his country of residence or activity.
1.2 Seller
Refers to any Professional User registered on the Artaplaza platform, who offers one or more items for sale via the Artaplaza marketplace.
The Seller must have subscribed to one of the subscriptions offered by Artaplaza, whether:
- a free subscription ;
- a paid subscription (Gold, Black, Ambassador or other formula offered).
The Seller may be established in any country.
The Seller declares that he is in compliance with the tax and legal obligations of his country of residence or activity, in particular with regard to VAT, commercial registration and consumer law.
The Seller is solely responsible for the items it offers for sale, their conformity, their authenticity, and compliance with the intellectual property rights relating thereto.
The Seller undertakes to only offer items on Artaplaza that conform to the following categories: works of art, collectibles, antiques, vintage design, quality antique or contemporary furniture, high-end decorative objects.
Any other type of product is prohibited, except with the prior written agreement of Picassart SRL.
The Seller guarantees that he owns the items he puts up for sale on Artaplaza and has all the rights necessary for their marketing.
1.3 Artaplaza Platform
Refers to the website operated by Picassart SRL, a limited liability company incorporated under Belgian law, whose registered office is located at Chaussée de Waterloo 53, 5000 Namur (Belgium), accessible at the address www.artaplaza.com, which allows professional sellers to offer their items for sale online, and professional or non-professional buyers to discover, order and purchase these items.
Artaplaza acts as a marketplace, connecting sellers and buyers, without acting as a seller of the items offered.
The platform allows sellers to publish their items, manage their listings, organize delivery (via providers offered by Artaplaza or to be agreed between the parties), and benefit from secure payment services (via Stripe and PayPal).
The seller remains solely responsible for the items offered for sale and the information about them. The platform does not intervene in the ownership, conformity, shipping, or quality of the items offered.
Some sellers, historical customers of the platform (version prior to the marketplace), may continue to use Artaplaza only as an online showcase, without direct sales via the platform or payment or transport processing by Artaplaza.
This method of use, reserved for sellers previously registered before the new version of the site went online, is no longer offered to new sellers.
1.4 Subscription
Refers to the contract entered into by the professional Seller to benefit from the services offered by the Artaplaza platform.
Three subscription plans are available:
- a free subscription (“White” formula),
- paid subscriptions (“Gold” and “Black” plans),
- as well as an “Ambassador” package by invitation, reserved for certain privileged partners.
The subscription allows the Seller to access the platform and to benefit, depending on the formula chosen, from different levels of services and visibility.
Details of the packages, associated services and their pricing are specified and updated on the Artaplaza website.
1.5 Order
Refers to the process by which a Buyer selects one or more items offered for sale on the Artaplaza platform and confirms their intention to purchase, by making a secure payment via the payment solutions offered by the platform.
The order is deemed firm and final once payment has been confirmed, except for items whose price is "on request" or whose availability is subject to prior agreement from the Seller. In these specific cases, the Seller has the option to accept or refuse the order.
The sales contract is formed directly between the Buyer and the Seller, subject to acceptance of the order by the Seller, where applicable.
Artaplaza acts solely as a technical intermediary to facilitate the connection, order management and payment processing.
1.6 Price of the item
Means the selling price offered by the Seller for an item, as displayed on the Artaplaza platform.
The price is expressed in euros (EUR), excluding taxes (HTVA), in accordance with the tax rules applicable to second-hand goods, antiques and works of art.
The Seller freely determines the sale price of its items.
In some cases, the Seller may choose not to publicly display the price of an Item. In such cases, the price will be indicated as “on request”. The Buyer must contact the Seller via the Artaplaza messaging service to obtain a price proposal.
The price of the item does not include any possible transport costs, which are added when ordering, depending on the delivery method chosen by the Buyer or agreed with the Seller.
The price of the item is displayed in euros (EUR). Buyers outside the eurozone can pay in euros via credit card or PayPal; their bank will apply the current conversion rate, if applicable.
1.7 Transaction price
Refers to the total amount that the Buyer agrees to pay when ordering.
The Transaction Price includes:
- the price of the item (in euros, excluding VAT),
- any transport costs,
- where applicable, the applicable service charges.
The details of these amounts are presented to the Buyer before final validation of the order.
1.8 Seller Account
Refers to the personal space created by the professional Seller on the Artaplaza platform, allowing him to:
- publish and manage your ads,
- follow his orders,
- access information relating to its sales,
- provide administrative and tax information,
- track your invoices and payments,
- access the promotional tools and services offered by Artaplaza.
Access to the Seller Account is subject to the Seller registering on the platform and subscribing to a subscription (free or paid), in accordance with these General Conditions.
1.9 Delivery
Means the mode of transport chosen or agreed for the delivery of the purchased item from the Seller to the Buyer.
Delivery terms may include:
- standard delivery via the platform's partner providers,
- specialized delivery for sensitive or bulky items,
- a hand delivery when this is agreed between the Buyer and the Seller.
Delivery costs, times and conditions are specified during the ordering process or agreed directly between the parties for specific deliveries.
1.10 Commission
Refers to the remuneration received by Picassart SRL for intermediation for each sale made on the Artaplaza platform.
The Commission is expressed as a percentage of the Price of the item (excluding VAT), according to the subscription formula chosen by the Seller:
- 15% for Gold subscribers,
- 17% for Black subscribers,
- 25% for White subscribers,
- a specific rate of 10% which can be applied confidentially to certain partner sellers (Ambassador subscription).
The Commission is deducted from the amount due to the Seller after confirmation of the sale and in accordance with the terms and conditions set out in these General Conditions.
1.11 Secure payment
Refers to the payment processing service offered on the Artaplaza platform, allowing the Buyer to pay for their purchases securely.
Payment is made online by credit card or via PayPal, thanks to technical solutions provided by approved partners of Picassart SRL (such as Stripe).
Artaplaza does not store Buyers' banking information at any time.
1.12 Service Charges
Refers to any fees charged in addition to the price of the item and delivery costs, intended to cover the costs associated with operating the platform and guaranteeing certain services (payment security, customer support, etc.).
The terms of application and the possible amount of the Service Fees are specified on the Artaplaza website and indicated transparently to the Buyer before validation of the order.
1.13 Customer account
Refers to the User's personal space on the Artaplaza platform, containing the information provided by the User when registering (personal information, preferences, browsing history, etc.).
The Profile is accessible by personal password and allows the User to manage their information and settings.
1.14 Private messaging
Refers to the internal messaging service made available on the Artaplaza platform, allowing Buyers and Sellers to exchange messages relating to the items offered, the conditions of sale or delivery.
Exchanges via Private Messaging must remain strictly linked to the use of the platform and the transactions carried out via it.
Users are strictly prohibited from communicating, via Private Messaging, their personal contact details (telephone, email address, website, postal address, etc.) for the purpose of concluding sales outside the platform.
Any failure to comply with this rule may result in the immediate suspension of the account of the User concerned, without prejudice to any possible compensation actions that Picassart SRL may take.
1.15 Hand delivery
Refers to the option that may be offered by certain Sellers allowing the Buyer to collect the item directly from the Seller, without delivery costs.
This option is only valid if it has been expressly agreed between the Buyer and the Seller via the platform.
Any handover must be confirmed on the Artaplaza platform so that the transaction is duly recorded and the applicable Commission is collected by Picassart SRL.
The use of a Hand Delivery outside the platform, without prior registration and without compliance with this procedure, constitutes a breach of these General Conditions and may result in sanctions, including the suspension of the Seller or Buyer account.
1.16 User
Refers to any natural or legal person who browses the Artaplaza platform, in any capacity whatsoever (Buyer, Seller, professional or not, simple visitor, etc.), whether registered or not.
1.17 Seller
Refers to any professional User registered on the Artaplaza platform, having a Seller Account, and offering one or more items for sale via the platform.
All Sellers on Artaplaza operate in a professional capacity. They are solely responsible for the accuracy of the information they publish, the items they offer for sale, and the fulfillment of their legal and contractual obligations to Buyers.
1.18 Professional seller
Refers to any Seller carrying out their commercial or professional activity on the Artaplaza platform, registered with the competent authorities of their country of establishment, and complying with the legal and tax obligations arising therefrom.
The Professional Seller declares that he is authorized to sell the items he offers on the platform and guarantees as such the compliance of his practices with applicable legislation.
1.19 Buyer
Refers to any User, individual or professional, who acquires one or more items offered for sale on the Artaplaza platform.
The Buyer agrees to comply with these General Conditions during any purchase made via the platform.
1.20 Order
Refers to the act by which a Buyer finalizes the purchase of one or more items on the Artaplaza platform, after having validated their basket and made secure payment.
Any validated Order entails a firm commitment between the Buyer and the Seller, in accordance with these General Conditions.
Article 2 — Purpose of the General Conditions
The purpose of these General Conditions is to define the conditions under which:
- Picassart SRL allows Users to access the Artaplaza platform,
- and provides them with intermediation services allowing them to offer, sell or buy items between them, in compliance with applicable legislation.
The Artaplaza platform is an online marketplace specializing in professional-quality works of art, design pieces, antiques and decorative objects.
Picassart SRL acts as an intermediary and trusted third party.
In this context, Artaplaza exercises editorial control over the information and visuals of the items offered, by verifying the content submitted by the Sellers before they are put online. However, Picassart SRL does not guarantee the authenticity, provenance or quality of the items offered for sale and does not intervene in the contractual relationship between Sellers and Buyers.
Sellers are solely responsible for the conformity and legality of the items they offer, as well as for the execution of sales concluded via the platform.
Article 3 — Acceptance and notification of the General Conditions
Acceptance of these General Conditions is required for any registration on the Artaplaza platform and for any use of its services.
The fact that a User checks the box “I have read and I accept without reservation the General Conditions” when registering on the site constitutes full and complete acceptance of these General Conditions.
The General Conditions form a contract between Picassart SRL and the User. If the User does not accept all or part of these General Conditions, he must refrain from using the Artaplaza platform.
The General Conditions applicable are those in force at the time of use of the site or at the time of placing an Order.
Picassart SRL reserves the right to modify these General Conditions at any time. Any modification will be notified to registered Users by email to the address provided in their account.
Unless otherwise provided by law or in cases of emergency (measure imposed by law or by a security risk), the new General Conditions will come into force within fifteen (15) days of notification.
Users have the option to unsubscribe from the site if they do not accept the new General Conditions. Otherwise, they will be deemed to have accepted them at the end of the notice period.
The updated General Conditions will also be available online at any time on the Artaplaza platform.
Article 4 — Registration on the site
4.1 Registration procedures
To sell or buy items on Artaplaza, the User must have a personal account.
Registration on the platform is free and open to any adult individual or legal entity.
The User must complete an online form, provide accurate and up-to-date information, and choose a secure password.
Sellers must be professionals and provide proof of their status (company number, intra-community VAT number where applicable, and any other document required by current legislation).
Picassart SRL reserves the right to refuse or suspend the registration of a Seller in the event of doubt as to the veracity of the information provided or compliance with the applicable rules.
4.2 Security and confidentiality
Login details (email address and password) are strictly personal and confidential.
The User undertakes not to communicate them to third parties and to immediately report to Picassart SRL any unauthorized use of his account.
Any action carried out via the User's account will be deemed to have been carried out by the User, unless duly proven otherwise.
4.3 Responsibility for the information provided
The User undertakes to keep his personal information accurate and up to date for the entire duration of his registration.
He is solely responsible for the accuracy of the data communicated to Artaplaza.
Picassart SRL cannot be held responsible for errors, omissions or inaccurate information transmitted by the User.
Article 5 — User Profile
After registration, the User has a personal Profile on the Artaplaza platform.
The Profile groups together the information provided by the User and allows you to manage:
- their personal information (contact details, billing address, etc.),
- his account settings,
- its orders and transaction history,
- its current offers (for Sellers),
- and their communication preferences.
Information marked as mandatory must be provided completely and accurately.
Some information appearing on the Profile is public and visible to other Users (particularly in the case of Sellers). Other information is strictly confidential and is only accessible to the User himself and to Picassart SRL for the proper execution of the services offered.
The User can modify their Profile information at any time from their personal account.
Picassart SRL reserves the right to verify Profile information at any time and to temporarily or permanently suspend any User's account in the event of inaccurate, incomplete or fraudulent information.
Article 6 — Ordering Process
6.1 Creating an advertisement
The Seller publishes an advertisement for each item he offers for sale via his personal space.
The Seller must provide precise and accurate information:
- the essential characteristics of the item (description, dimensions, material, period, condition, origin, etc.),
- the sale price, expressed in euros excluding VAT,
- visuals (photographs of sufficient quality to allow a faithful appreciation of the article).
Artaplaza exercises editorial control over the advertisements and reserves the right to refuse the publication of any advertisement that does not comply with the quality standards or rules defined by Picassart SRL (lack of artistic or decorative value, illicit content, doubt about authenticity, etc.).
The Seller guarantees the accuracy and sincerity of the information published and remains solely responsible for the content of his advertisement.
6.2 Conclusion of the sale
The Buyer can select one or more items and add them to their basket.
The total price of the Order includes:
- the price of the chosen items (excluding VAT),
- any delivery costs calculated or confirmed at the time of the Order,
- the service fees due to Picassart SRL (if applicable, depending on the current business model).
The Order becomes firm and final after validation of the basket and payment by the Buyer.
A confirmation email is then sent to the Buyer and the Seller.
Payment is collected by Picassart SRL on behalf of the Seller. The sale is then considered concluded.
The Seller is informed of the purchase offer by email. He undertakes to accept or reject this offer within seventy-two (72) hours of receipt of this email. The Seller's response is made via his user account on the Site. If accepted within this period, it is firm and irrevocable. After this period without a response, the sale may be canceled at the initiative of Picassart SRL.
6.3 Delivery of items
Delivery can be made:
- via the carriers offered by Artaplaza (integration with Sendcloud for standard orders, or specialized transport agreed between the parties for sensitive or bulky items),
- or by hand delivery if this option has been validated via the platform.
Delivery costs and terms are specified before validation of the Order.
The Seller undertakes to ship the Item within a reasonable time after confirmation of the Order, or, when specific transport is necessary (fragile, bulky or oversized item), to wait for the Artaplaza platform to provide a transport quote to the Customer. Delivery will only be organized after express acceptance of this quote by the Buyer. Picassart SRL facilitates the organization of delivery but cannot be held responsible for any delay or incident attributable to the carrier or the Seller.
Delivery tracking is accessible via the Buyer's account.
6.4 Payment of the Order
Payment for the Order is made exclusively online, in euros, via one of the payment solutions offered by Picassart SRL (Stripe, Paypal via Stripe, bank transfer where applicable).
Payment is secure. No banking data is stored by Picassart SRL.
The Order is deemed valid and confirmed only after actual receipt of the total amount.
6.5 Payment to the Seller
After confirmation of receipt of the item by the Buyer, and after expiry of the legal withdrawal period (or according to the terms provided in the return policy), Picassart SRL pays the Seller:
- the amount corresponding to the price of the item (excluding commission),
- where applicable, delivery costs if they have been advanced by the Seller.
The payment is made after deduction of the commission due to Picassart SRL in accordance with the subscription plan subscribed to by the Seller.
Article 7 — Return Policy and Guarantees
7.1 Right of withdrawal
In accordance with the applicable European legislation on distance selling (Directive 2011/83/EU), the Buyer who acts as a consumer benefits from a right of withdrawal when purchasing an Item from a professional Seller via the Artaplaza platform.
The Buyer is protected by the consumer protection rules in force in his country of residence. The professional Seller is required to comply with these provisions.
7.1.1 Time limit and exercise of the right of withdrawal
The Buyer has a period of fourteen (14) calendar days from receipt of the Item to notify Picassart SRL (operator of the Artaplaza platform) of their decision to withdraw.
Notification can be made:
- by email,
- via the withdrawal form available on the platform,
- or by any written statement that is clear and unambiguous.
No justification is required.
7.1.2 Return Policy
If the Item has not yet been shipped, the withdrawal is immediately taken into account and the refund is made within fourteen (14) days of notification.
If the Item has been shipped or received, the Buyer has a period of fourteen (14) days from notification to return it to the Seller, at his expense and under his responsibility.
The Article must be:
- in perfect condition,
- returned in suitable packaging, ideally original or equivalent.
7.1.3 Effects of withdrawal
Subject to compliance with the above conditions:
- Picassart SRL will reimburse the Buyer: the price including tax of the Item and the initial standard delivery costs (excluding express or special options).
The refund will be made via the same payment method as that used when placing the Order, within fourteen (14) days of actual receipt of the returned Item or proof of its shipment, as the case may be.
Picassart SRL may defer reimbursement until receipt of the Item or valid proof of sending.
Items returned damaged, incomplete or unfit for resale will not be refunded or exchanged.
7.2 Legal guarantees
The Seller is solely responsible for the conformity of the items offered for sale and guarantees to the Buyer:
- the absence of hidden defects making the item unfit for the use for which it is intended,
- the conformity of the article with the description appearing in the advertisement.
The professional Seller remains liable in this regard within the framework of the legal guarantees in force (as provided for by the Belgian Civil Code, the Consumer Code, European directive 2019/771 relating to certain aspects concerning contracts for the sale of goods or the texts applicable in the country of the Buyer).
In the event of non-conformity or hidden defect, the Buyer may obtain:
- either the repair or replacement of the item (where possible),
- either the total or partial reimbursement of the price paid.
Any complaint must be sent to Picassart SRL via customer service, which will forward it to the relevant Seller.
Picassart SRL acts as an intermediary but cannot be held responsible for the Seller's failure to meet its legal obligations.
Article 8 — Obligations of the Seller
8.1 Compliance of information
The Seller guarantees that the condition, origin, authenticity and characteristics of the item he is offering for sale are consistent with the description in the advertisement.
8.2 Property Rights
The Seller guarantees that he is the owner of the item offered for sale or is duly authorized to sell it, and that the item is not encumbered by third-party rights.
8.3 Quality of content
The Seller guarantees that it holds the necessary rights to the content posted online (photos, texts, etc.) and undertakes not to publish content that is counterfeit, false or infringes the rights of third parties.
8.4 Compliance with regulations
The Seller undertakes to comply with the laws and regulations applicable to the sale of the goods it offers, including consumer protection legislation, the right of withdrawal and applicable legal guarantees (in particular for European consumers).
8.5 Compliance with Artaplaza’s commercial policy
The Seller undertakes not to:
- to divert sales outside the platform after connection via Artaplaza ;
- to communicate their contact details directly to Buyers to conclude a sale outside the site ;
- to publish in its advertisements information contrary to the general conditions or damaging the image of the platform.
8.6 Quality commitment
The Seller undertakes to provide quality photos allowing a good appreciation of the product (in accordance with the minimum standards specified on the site), and to carefully prepare the packaging to guarantee delivery without damage.
8.7 Taxation
The Seller is solely responsible for complying with its tax and social security obligations, particularly with regard to income declaration and invoicing, in accordance with the legislation applicable in its country of residence.
8.8 Liability
The Seller guarantees Artaplaza against any claim or recourse related to the sale of the objects offered on the site, including in the event of lack of conformity, counterfeiting or violation of the rights of third parties.
Article 9 — User Obligations
As part of the use of the Artaplaza platform, all Users undertake to:
- Guarantee the accuracy, sincerity, legality and updating of the published Content ;
- Use the Site in a fair and responsible manner, without harming its proper functioning ;
- Refrain from publishing or transmitting any content that is malicious, offensive, defamatory, obscene, deliberately misleading, illicit or contrary to public order and morality ;
- Respect the rights of third parties, in particular intellectual property rights (copyright, trademarks, designs, etc.) ;
- Not to usurp the identity of a third party or another User, nor to use a Customer Account fraudulently ;
- Not to compromise, alter, disrupt or attempt to interrupt the proper functioning of the Site or the data stored therein ;
- Not to attempt to gain unauthorized access to the systems, databases, accounts or networks of Artaplaza or its service providers ;
- Use the Site in compliance with all applicable national or international laws and regulations, including Belgian law and European Union law, as well as these General Conditions ;
- Do not include personal contact details (telephone number, email address, postal address, external link, etc.) in Advertisements, Content, internal messaging or your Customer Account, with the aim of evading the platform's services.
In the event of failure to comply with any of these obligations, Artaplaza (Picassart SRL) reserves the right to temporarily or permanently suspend the Customer Account concerned, to delete one or more Advertisements, or even to terminate the General Conditions, without prejudice to any civil or criminal liability action.
As a reminder, attacks on computer systems are punishable by the legislation applicable in Belgium and the European Union, in particular under the law of 28 November 2000 on computer crime. These offenses may be punishable by criminal sanctions, including imprisonment and substantial fines.
Article 10 — Intellectual Property
10.1 Content provided by Users
When the User publishes content on the Site (photos, descriptions, messages, etc.), he authorizes Picassart SRL to use it freely for the purposes of operating and promoting the platform. This authorization includes in particular the rights of reproduction, distribution, adaptation and publication, including on other partner sites or communication channels.
Artaplaza reserves the right to technically optimize shared visuals (editing, cropping, background removal, etc.) to improve their quality or readability.
The User guarantees that he/she has all the necessary rights to publish this content, and undertakes not to infringe the rights of third parties. He/she will compensate Picassart SRL in the event of a dispute relating to content that he/she has published without authorization or in violation of applicable legislation.
10.2 Elements belonging to Artaplaza
All elements constituting the Site — texts, images, logos, databases, software, graphic or technical elements — are protected by intellectual property rights and are the exclusive property of Picassart SRL or its partners.
The User is only authorized to consult and use the Site as part of their activity on the platform. Any reproduction or use not expressly authorized is strictly prohibited and may be subject to prosecution.
10.3 Links to third-party sites
The Site may contain links to external platforms or resources. These links are provided for information purposes only. Picassart SRL does not control the content of these sites and cannot be held responsible for any damages or erroneous information resulting from their use.
If a link appears to lead to illegal content, the User is invited to quickly report it to Picassart SRL.
10.4 Links pointing to Artaplaza
Any creation of a link to the Site must be subject to prior agreement. Picassart SRL reserves the right to withdraw this authorization at any time, in particular if the link is deemed detrimental to its image or its proper functioning.
Article 11 — Seller’s Liability
The Seller is solely responsible for the execution of the sales contract concluded with the Buyer. In this respect, it is incumbent upon him to:
- Provide the Buyer with all necessary information before the conclusion of the sale ;
- Ensure the conformity of the Article with the description published on the platform ;
- Ensure that there are no defects or hidden faults affecting the Article ;
- Respect intellectual property rights or other rights applicable to the item sold.
The Seller guarantees Picassart SRL against any dispute, claim, or action resulting from a breach of these obligations, whether on the part of the Buyer or a third party.
Any damages, costs, sanctions or proceedings brought against Picassart SRL due to the Seller's behavior or failures may give rise to a claim for full compensation.
Professional Sellers undertake to conduct their business in compliance with applicable regulations, particularly those relating to taxation, trade, and consumer protection. As such, they guarantee Artaplaza against any consequences related to non-compliance with the law.
Article 12 — Intermediary role and responsibility of Picassart SRL
12.1 With regard to the sales contract
Artaplaza acts exclusively as a technical intermediary facilitating the connection between Sellers and Buyers. Picassart SRL is not involved in the sales contract, which is concluded directly between the Seller and the Buyer.
Before any order, the Buyer is clearly informed of the identity of the Seller and of the fact that Picassart SRL is not a party to the contract.
All obligations relating to the conformity of the Items, their delivery, or any other condition of the sale are the exclusive responsibility of the Seller. Artaplaza cannot be held responsible for the consequences related to the execution or non-execution of these obligations.
12.2 Content published on the platform
Picassart SRL acts as a host within the meaning of Belgian and European law. It is not responsible for content published by Users, unless it has been duly informed of its manifestly illicit nature and has not acted promptly to remove it.
12.3 Limitations of liability
Picassart SRL carries out reasonable checks on the information communicated by Sellers before publication of Advertisements, but cannot guarantee the absolute authenticity of the Items placed online.
It does not physically hold any Items and relies on the good faith of the Sellers. It cannot therefore be held liable in the event of an error, omission or falsification committed by a Seller, except in the event of a clear breach of its duty of care.
Access to the platform is provided as is, without guarantee of continuity or permanent availability. Picassart SRL reserves the right to temporarily or permanently suspend access to the Site for maintenance, updates or other legitimate reasons, without compensation.
The User uses the Site at his or her own risk. Picassart SRL cannot be held responsible:
- Damage resulting from misuse by the User or from a failure on his part ;
- Indirect losses such as loss of turnover, data, reputation or business opportunity ;
- Any deterioration of equipment, viral infection or loss of data linked to the use of the Site.
Its liability may only be incurred in the event of proven fault and only for direct damages, within the following limits:
- If the Buyer is a professional, up to the price of the Article concerned ;
- If the Seller is a professional, up to the amount due for the Item concerned.
Picassart SRL of course remains liable in cases where the law prohibits any exclusion or limitation of liability (gross negligence, personal injury, manifestly misleading information, etc.).
Article 13 — Termination of the general conditions
13.1 Termination by the User
Any User (Seller or Buyer) may terminate their registration on the Artaplaza site at any time by sending a request:
- by email to the following address: [adresse email du support Artaplaza] ; ;
- or via the features of their user account (if available).
Termination results in the deletion of the account and the cessation of use of the services offered by Artaplaza.
It takes effect within thirty (30) calendar days from receipt of the request by Artaplaza.
In the event of termination, current transactions must be completed in accordance with these General Conditions.
Termination does not release the User from his previous obligations (payment of commissions, delivery of objects, respect for the rights of third parties, etc.).
13.2 Termination by Artaplaza
Artaplaza reserves the right to terminate a User's access to the site, without compensation, in the following cases:
- in the event of serious or repeated breach of these General Conditions ;
- in the event of behavior that damages the reputation of the site or the rights of other Users ;
- in the event of fraudulent or abusive use of the platform’s services.
Artaplaza will notify the User concerned in writing (email) of the reasons for termination, at least thirty (30) days before it takes effect, except in the following cases:
- legal requirement or court order imposing immediate termination ;
- obvious fraud, serious breach, or proven risk to the security of the site and its Users.
13.3 Effects of Termination
In the event of termination, whatever the reason:
- the amounts owed to Artaplaza remain due and will be invoiced where applicable ;
- pending transactions will need to be finalized ;
- the Seller's tax and legal obligations remain fully applicable.
Artaplaza will delete the data from the terminated account, within the limits and in accordance with the terms provided for in its privacy policy and applicable data protection legislation.
Article 14 — Duration of the General Conditions
These General Conditions apply for the entire duration of the User's registration on the Artaplaza platform, unless terminated early in accordance with the terms and conditions provided herein.
Article 15 — Miscellaneous provisions
15.1 Independence of the Parties
The Parties acknowledge and agree that they may not under any circumstances make any commitment in the name and/or on behalf of each other. Furthermore, each Party remains solely responsible for its actions, allegations, commitments and services.
15.2 Relations between the Parties
The Parties acknowledge and accept that they act completely independently of each other and, in particular, that Picassart SRL acts as a pure intermediary between the Sellers and the Buyers. It remains a third party to the relationships established between them and these General Conditions may under no circumstances be considered as establishing a de facto partnership, a joint venture or any other form of solidarity or reciprocal representation between the Parties.
15.3 Severability of Provisions
If any provision of these General Conditions should be declared null or unenforceable by a competent authority, the other provisions shall remain in force. The Parties undertake to substitute for the null provision a valid clause reflecting as closely as possible its initial spirit.
15.4 Non-waiver
The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to herein shall not be interpreted as a definitive waiver of the right to invoke them subsequently.
15.5 Force Majeure
Any unforeseeable, irresistible event beyond the control of the Parties — such as armed conflicts, terrorist acts, natural disasters, pandemics, widespread network outages, restrictive administrative provisions, etc. — shall be considered a case of force majeure. In such cases, the performance of obligations may be suspended without liability on the part of either Party.
15.6 Notification of Illegal Content
Any User who notices the presence of manifestly illicit content on the platform can inform Picassart SRL via the Site's contact form, providing all the information necessary to identify the content and understand the report.
15.7 Access to personal and non-personal data
The User may access at any time the non-personal data that he has transmitted to Picassart SRL via his Customer Account. He may also consult some of his personal data and request its deletion in accordance with the GDPR, via the Privacy Policy available on the Site.
15.8 Telephone canvassing opposition list
The User is informed that he can register free of charge on the DNCM (Do Not Call Me) telephone canvassing opposition list, accessible at the address www.dncm.be, in order to no longer be contacted by telephone for commercial purposes by companies with which he does not have an ongoing contractual relationship.
Article 16 — Applicable law – Disputes
16.1 Applicable law
These General Conditions are governed by Belgian law.
In the event of a dispute, the reference language will be French.
16.2 Dispute Resolution
16.2.1 User with consumer status
When a User is a consumer within the meaning of the Belgian Code of Economic Law, he or she may have recourse free of charge to a mediation system in the event of an unresolved dispute following a complaint addressed to Picassart SRL via the Site's contact form.
In particular, he can contact the Consumer Mediation Service:
www.mediationconsommateur.be
or by post to:
Consumer Mediation Service
Boulevard du Roi Albert II, 8 box 1, 1000 Brussels
In accordance with Regulation (EU) No. 524/2013, the consumer can also submit his complaint via the European online dispute resolution (ODR) platform:
https://ec.europa.eu/consumers/odr
16.2.2 Professional user
Users acting in a professional capacity may address any complaints relating to the Site or its operation via the following address: legal@artaplaza.com. Their request must contain:
- The complainant's full contact details ;
- The references of the products or orders concerned ;
- A clear description of the dispute (nature, date, impacts, etc.).
Picassart SRL undertakes to acknowledge receipt within 5 working days and to provide a response within a reasonable time, except in cases of complexity requiring longer processing.
If no amicable solution can be found, the Parties agree to call upon voluntary commercial mediation as a priority, in particular through CEPANI (Belgian Centre for Arbitration and Mediation):
www.cepani.be
16.3 Competent jurisdiction
Subject to the mandatory rules applicable to consumers, any dispute relating to the interpretation, execution or validity of the General Conditions will be subject to the exclusive jurisdiction of the French-speaking courts of Brussels, even in the event of summary proceedings, incidental claims or multiple defendants.
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