AEDAEN General Conditions of Use
These general conditions of use define the conditions of use of the services offered on the site www.AEDAEN.com (the "Site"), and the rights and obligations of the parties concerned, i.e. the Site, the Artist and the Buyer.
The AEDAEN Site puts Buyers and Artists into contact to buy and sell the Works created, sold and put online by Artists.
AEDAEN acts as intermediary and is only a third party to the contract between the Artist and the Buyer.
These conditions of use can be viewed online and printed at any time via a direct link at the bottom of the page of the Site.
They may be supplemented if necessary by special conditions of sale for some services or features, which supplement these general conditions.
In case of contradiction between said conditions, the special conditions shall prevail.
1. Identification of AEDAEN
The Site and Services are operated by MILLER & EAGLE, a simplified joint-stock company (SAS) registered with the Strasbourg Registry of Trade and Companies under number 818 115 693, whose registered office is at 6 rue du Faisan, 67000 STRASBOURG
For any further information or any claim, AEDAEN can be contacted at:
Postal address: 6, rue du Faisan 67000 STRASBOURG
Email: contact@aedaen.com
2. Access to the AEDAEN site for Artists and Buyers
The services offered on the Site are available to any capable individual of legal age and any legal entity acting through a duly authorised representative for the marketing and dissemination of their works.
3. Buyer's Account
To purchase a Work via the AEDAEN site, an account must be created by entering a login and password on the site.
The AEDAEN site confirms the creation of the account to the Buyer.
Upon receipt of the confirmation, the Buyer can freely connect to the Artist's page and select one or more of the Artist's Works and put them in his/her shopping cart.
4. Sale of Works by the Artist on AEDAEN
4.1 Selection of Works sold by the Artist:
The Artist posts online the Works he/she wishes to sell to the AEDAEN public, and those he/she wishes to post online simply to enhance his/her profile, marked as such by the Artist.
He/she is solely responsible for the description and reproduction of the Work on the Site.
The Artist guarantees that the Works he/she posts online and sells are works of art within the meaning of Annex 3 Article 98A of the French Tax Code.
The Artist also represents and warrants that he/she is the author of the Works and can sell them without violating a legal or contractual rule or the rights of third parties.
The Works offered for sale on AEDAEN must be lawful, comply with public order and must not infringe the rights of third parties or any obligation.
The Artist undertakes to permanently update the list of Works offered for sale on the Site so that no Work online is no longer available.
4.2 Conclusion of the contract between the Buyer and the Artist through AEDAEN
The Work is purchased directly from the Artist.
The sale of the Work therefore takes place between the Artist and the Buyer according to the general conditions of sale which the Buyer had access to online prior to the order and to which the Buyer and Artist expressly submitted.
After placing his/her order, the Buyer receives an email from AEDAEN acknowledging receipt of the order, in the name and on behalf of the Artist, and is informed that he/she will receive an order confirmation email within 5 (five) days.
With the confirmation email, the Buyer immediately receives a payment receipt showing the Work purchased, its price including VAT, the shipping cost, including VAT, and the total cost or the Work, including VAT.
AEDAEN the promptly informs the Artist of the order so he/she can confirm the availability of the Work.
The availability of the Work must be confirmed by the Artist to AEDAEN within 5 (five) days.
Failing a response from the Artist within this period, the Work shall be deemed unavailable. AEDAEN then informs the Buyer, in the name and on behalf of the Artist, and the order is cancelled. The Buyer will be refunded the price of his/her order as soon as possible and no later than within 14 (fourteen) days following the cancellation.
If the Artist confirms the availability of the Work, AEDAEN sends the Buyer, in the name and on behalf of the Artist, an order confirmation email which constitutes final confirmation of the order.
Simultaneously to validation of the availability of the Work by the Artist, he/she is obliged to establish his/her invoice in accordance with Article 8 of these conditions, which he/she will send to the Buyer when the Work is shipped.
4.3 Sale price of Works set by the Artist:
The Artist freely sets the sale price, including VAT, in Euros of each Work.
The sale price includes, where applicable, the VAT applied depending on the Artist's country of residency, along with the shipping costs.
The Artist is solely responsible for the price set and VAT rate applied, which he/she must determine according to the rules applicable to the sale concerned.
The Artist must indicate, in addition to the sale price of his/her Work, including VAT, the cost of shipping his/her Work, including VAT, that he/she has determined as defined in Article 9.
The respective amount of the Work, VAT and shipping costs will be expressly communicated by the Artist on the Site so that the Buyer is aware of the breakdown of the sale price of each Work.
The Artist is entitled to change his/her prices at any time.
However, the Artist undertakes to sell the Work ordered at the total price indicated when the order was placed on the AEDAEN site, excluding customs charges, if any, which remain the responsibility of the Buyer.
Furthermore, if the Work offered for sale by the Artist is also on another Site or in any other market place other than sale in the workshop by the Artist him/herself, the price of the Work mentioned on AEDAEN must not exceed the price already displayed elsewhere.
4.4 AEDAEN rating:
AEDAEN offers its Artists an AEDAEN rating assigned by an Artistic Committee.
The Artist's Account including his/her description and works shall be submitted within an average period of 3 weeks from its posting online to an Artistic Committee which will assign a rating to the Artist.
This rating will take into account the artistic project, experience and training of the Artist, the "quality" of the Works posted, his/her popularity on the social networks and the sales made by the Artist.
This rating may be updated at the Artist's request or on the initiative of the Artistic Committee.
The Artist may in no case challenge the AEDAEN rating assigned to him/her by the Artistic Committee and Site according to its assessment and may not exercise any recourse or claim for compensation against AEDAEN in this respect. The Artist expressly agrees, by opening an AEDAEN account, to be allocated a rating determined by the Site.
5. Payment of the Work by the Buyer
The payment of Work(s) is made on the AEDAEN site with the means of payment offered by the AEDAEN site.
The Artist issues an invoice for the Buyer and undertakes to send it at the same time as the delivery of the Work.
This invoices states the sale price of the Work, including VAT, and shipping costs charged, including VAT, in accordance with the amounts stipulated when the order was placed.
The Artist is responsible for the information he/she includes in his/her invoice and certifies its accuracy and compliance with legal and regulatory provisions.
AEDAEN is in no way party to the sale contract and cannot be held responsible in this respect.
After the expiry of the withdrawal period and provided that the Buyer has not exercised said right, AEDAEN will transfer the sale price to the Artist after deduction of its Commission, subject to receipt of the Work by the Buyer.
6. Invoicing by the Artist
The Artist must send the Buyer the invoice summarising the sale price of the Work, including VAT, along with the shipping costs charged, including VAT.
AEDAEN can provide Artists with a template for preparing invoices but the Artist remains solely responsible for the information he/she includes in invoices and certifies its accuracy and compliance with legal and regulatory provisions.
7. Delivery performed by the Artist
7.1 Determination of shipping costs
The Artist is responsible for shipping the Works appearing on the AEDAEN site.
When his/her Works are posted online, the Artist must indicate the shipping cost, including VAT, that he/she intends to apply according to the Buyer's country of destination next to the price of his/her Work.
The Artist will apply two different shipping prices:
- either delivery in the Artist's country
- or delivery in the rest of the world
The Artist will be bound by the transport price indicated in his/her Artist's Account for each Work.
The Artist remains free to offer free shipping and/or to include shipping costs directly in his/her sale price, indicating as appropriate "free shipping by the Artist" or "shipping costs included in the sale price" on the Site.
If the actual transport costs exceed the original price displayed on the AEDAEN site, the surplus shall be borne by the Artist and shall not be paid either by AEDAEN or by the Buyer.
AEDAEN proposes carriers on its site with assistance to determine transport costs, depending on the weight and characteristics of the Work and location of the Buyer and the Artist, but the use of these shipping services is the sole responsibility of Artists.
AEDAEN cannot be held responsible for the prices displayed by the carrier and more generally the rates charged by the Artist, and in case of damage during transport, AEDAEN cannot be held liable.
Delivery will be made to the shipping address indicated by the Buyer when he/she places his/her order within 20 days from confirmation of the order.
7.2. Organisation of the Delivery of Works by the Artist
Artists are responsible for shipping their Works sold to Buyers.
AEDAEN may list shipping services/carriers on its site, but the use of such shipping services is the sole responsibility and choice of Artists.
The Artist must:
- provide the carrier with an accurate shipping address which complies with the one indicated by the Buyer when he/she placed his/her order.
- ship the Work within 20 days following confirmation of the order, unless otherwise agreed between the Artist and the Buyer
- comply with local and international shipping and customs regulations.
In addition, the Artist will be solely responsible for packaging and protection of the Work.
If a late delivery having led the Buyer to cancel the sale is due to non-compliance, by the Artist, with the time limit planned for shipping the Work, AEDAEN reserves the right to charge its commission to the Artist along with any bank charges.
8. Exercise of the right of withdrawal by the Buyer
Artists undertake to respect Buyers' right of withdrawal, according to the legal provisions and contractual terms as laid down in the general conditions of sale.
In accordance with the legal provisions in force, the Buyer has 14 (fourteen) calendar days to withdraw from the date of receipt of the Work.
This withdrawal may be done without any reason and shall not result in any penalty for the Buyer, except for return costs which remain his/her responsibility and which he/she must pay.
It is expressly mentioned that return costs shall be borne by the Buyer.
The Buyer who wishes to exercise his/her right of withdrawal can exercise it online, using the withdrawal form available on the AEDAEN.com site, in which case an acknowledgement of receipt on a durable medium will immediately be sent to the Buyer by the Seller via AEDAEN, or fill out the attached form or send a declaration to the Artist expressing his/her desire to withdraw within the aforementioned period, indicating the references of the Work and of the Artist.
The Work must be returned to the Artist directly to the address indicated on the invoice, within 15 days from sending the withdrawal form or declaration.
The Artist must confirm receipt of the Work to AEDAEN if the Buyer exercises the right of withdrawal. If the Artist fails to inform AEDAEN within 30 days of communication to the Artist of the Buyer's withdrawal, the Artist will be deemed to have recovered the Work and AEDAEN can make the corresponding entries in the Buyer and Artist's accounts.
Returns should be made in their original condition and complete (packaging, accessories, manual, certificate, etc.), accompanied by the purchase invoice.
The Buyer will be deemed responsible for any damage to the Work on its return to the Artist.
Damaged or soiled Works will not be taken back.
In case of exercise of the right of withdrawal within the above period and in the required manner, only the price of the Work and shipping costs will be refunded; return costs shall be borne by the Buyer.
The refund will be made within 14 days from receipt, by the Artist, of the Work returned by the Buyer.
9. General obligations of Artists toward AEDAEN and the Buyer
9.1 The Artist is solely responsible for the choice and performance of formalities, in particular tax and social formalities, and for all payments of taxes and contributions of any kind imposed on him/her due to the sale of his/her Work through the AEDAEN site. AEDAEN's liability may not be incurred in this respect.
9.2 The Artist undertakes to inform AEDAEN of any claim by a Buyer and its consequences and of any withdrawal and its consequences.
9.3 The Artist is solely responsible for the delivery, packaging and protection of the Work for its transportation.
9.4 The Artist is solely responsible for the protection of his/her intellectual property rights on the Works he/she decides to offer for sale on the Site and for compliance with said rights. He/she expressly releases AEDAEN from any obligation, in particular of supervision, and from any liability in this respect.
The Artist expressly authorises AEDAEN, free of charge, to reproduce his/her Works and their description (in French and in all foreign languages), including all Artist's trademarks or logos, on the Site and more generally within the framework of its communication and to change, if necessary, the presentation of the Work according to the technical constraints of the Site.
This authorisation is given for the whole world and for the duration of the relationship between the Site and the Artist.
9.5 The Artist undertakes not to use Buyers' personal data, in particular for commercial purposes.
9.6 The Artist undertakes not to sell a Work to a Buyer who has contacted him/her through the Site without going through the Site.
9.7 The Artist must manage his/her account him/herself, and cannot delegate or assign his/her rights in this respect to any third party.
10. Liability of the Artist - Seller
Artists offering their Works on the AEDAEN site guarantee to Buyers that said Works, offered for sale, benefit automatically and without additional payment, in addition to the right of withdrawal and in accordance with legal provisions:
- from the legal guarantee of conformity, for Works apparently defective or damaged or which do not correspond to the order placed
- from the legal warranty against hidden defects
If, on receipt, the Buyer finds that the Work delivered is defective or damaged, he/she must inform the Artist, on any durable medium, of the defect discovered by sending any proof, in particular in the form of photographs, within 14 days from its delivery.
The Artist must perform the necessary checks and propose to the Buyer to restore or replace the Work to the extent possible.
If the restoration or replacement of the Work are impossible, the Buyer will be refunded the full price paid for this Work and the corresponding delivery costs, by any appropriate means, as soon as possible and no later than 14 (fourteen) calendar days following the date on which the Artist informs the Buyer and AEDAEN of the inability to restore or replace the Work.
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country to which the Work is delivered, which the Buyer must check,
- in case of misuse, neglect or lack of maintenance by the Buyer.
In any event, the Artist's warranty is limited to the replacement, restoration or refund of the non-compliant or defective Work.
The Artist guarantees the authenticity of the Work.
11. Relations between AEDAEN – Artist - Buyer
11.1. AEDAEN is free to choose the Artists and Works posted on the Site.
11.2 AEDAEN cannot be held responsible for the content of the online communication of Artists.
Any claim must be addressed to the Artist concerned.
Content that is detrimental to a third party or that violates laws or regulations may be notified to AEDAEN as provided by Article 6-I-5 of Law n° 2004-575 of 21 June 2004. AEDAEN reserves the right to take the appropriate measures in such cases.
11.3. AEDAEN acts as intermediary for the purchase and/or sale of Works on the site.
Its liability cannot be incurred beyond this.
AEDAEN acts in the name and on behalf of Artists or Buyers, who contract directly with each other.
AEDAEN is not party to the contracts between Artists and Buyers. Its liability cannot be incurred for any dispute relating to these contracts.
11.4 The site may be subject to maintenance operations.
Generally, AEDAEN cannot be held responsible for any problems or temporary inability to access the Site due to maintenance operations or network disruptions or other external causes, and also in case of force majeure.
11.5 The liability of AEDAEN, if it is incurred, cannot exceed the amounts charged by AEDAEN to the Artist in the 3 months before the occurrence of the damage invoked.
11.6. AEDAEN undertakes to provide the services with due care, it being specified that AEDAEN is only bound by a best-efforts obligation.
11.7 AEDAEN disclaims any liability for any loss of information concerning the Artist's Account. The Artist is responsible for its backup and undertakes not to claim any compensation in this respect.
12. Communication
AEDAEN is free in respect of its communication on the Site, or elsewhere, and in its relations with Buyers or the public.
13. Reference version
The French version of these general conditions of use shall prevail in case of discrepancies with versions in other languages.
14. Personal data
AEDAEN practices a personal data protection policy, as outlined in its legal notice, which the Artist declares to have read.
15. Language
These general conditions of sale and the resulting operations are governed by and subject to French law.
These general conditions of sale are drafted in French.
If they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
16. Applicable law and jurisdiction
French law applies.
For all disputes concerning AEDAEN and/or the Artists and/or Buyers, the courts of Strasbourg (France) will have exclusive jurisdiction.
The Buyer is informed that, in any event, he/she may request a conventional mediation, in particular from the Consumer Mediation Commission or any alternative dispute settlement method in case of disagreement.
Appendix I - Provisions relating to legal guarantees
Article L.211-4 of the Consumer Code:
The seller is obliged to deliver goods which comply with the contract and is liable for any lack of conformity which may exist upon delivery.
It is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when it is responsible for this under the terms of the contract or has been carried out under its responsibility.
Article L.211-5 of the Consumer Code:
To conform to the contract, the product must:
1° Be fit for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L.211-12 of the Consumer Code:
Legal action based on lack of conformity lapses two years after the delivery of the good.
Article L.211-16 of the Consumer Code:
When the buyer asks the seller, during the commercial warranty granted on the acquisition or repair of personal property, for a repair covered by the warranty, any period of immobilisation of seven days or longer shall be added to the unexpired term of the warranty. This period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.
Article 1641 of the Civil Code:
The seller is bound by a warranty on account of the hidden defects of the good which renders it unfit for the use for which it is intended, or which reduce such use to such an extent that the buyer would not have purchased it, or would have offered a lower price for it, if they had been known to him.
Article 1648 of the Civil Code:
Legal action arising out of redhibitory defects shall be taken by the buyer within a period of two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, in the year following the date on which the seller may be discharged for any apparent defects or lack of conformity.
Appendix II - Withdrawal for
This form must be completed and returned only if the Buyer wishes to withdraw from the order placed via the AEDAEN site.
To the attention of:
"Artist's Surname and First name"
"Artist's Address"
I hereby inform you of my withdrawal from the sale of the work referred to below:
Ordered on:
Received on:
Buyer's name:
Buyer's address:
Buyer's signature:
Date:
(Send this letter to the Artist by Registered Letter with Acknowledgement of Receipt)
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