General Conditions for Artists

Version: 3/10/2024

Preamble

The artists at the Guillaume Flamant Gallery have been carefully selected for the quality of their works and the continuity of their careers, unlike other e-commerce sites open to all without selection. The gallery's goal is to offer a quality catalog of works by contemporary artists, primarily focused on prints, to allow art lovers to access art on a modest budget. Furthermore, the gallery redistributes more than 80% of the proceeds from sales to the artists, ensuring them a decent income. The Guillaume Flamant Gallery is thus the one that offers discerning art lovers the finest quality selection of contemporary prints.

Clause 1. Purpose

These General Artist Conditions (GTC) govern the relationship between Galerie Guillaume Flamant (defined in Clause 2) and the selected Artists, as defined in Clause 3. They are intended to supplement the general conditions of use and sale ( CGUV ) published elsewhere on the site and deemed accepted by the parties, and to define the terms and conditions of use by the latter of the services (hereinafter: the “ Services ”) offered on the Gallery www.guillaumeflamant.com (hereinafter: the “ Gallery ”), as well as to define the rights and obligations of the parties in this context.

The Gallery aims to bring together buyers (hereinafter: the “ Collector ” or “ Collectors ” ) and creative artists (hereinafter: the “ Artist ” or “ Artists ”) to discover and acquire works of art (hereinafter: the “ Works ”).

The General Terms and Conditions and the General Terms and Conditions together constitute the general terms and conditions. In the event of any contradiction between the General Terms and Conditions and the General Terms and Conditions, the latter shall prevail.

 

The Gallery and the Services are only accessible to Artists and Collectors by natural persons of full legal age with full legal capacity or, failing that, by their representatives who must be natural persons of full legal age with full legal capacity, and who are deemed to have checked and accepted the General Terms and Conditions of Sale and the General Terms and Conditions of Sale for the former and the General Terms and Conditions of Sale for the latter. This acceptance can only be full and complete. The Collector who accesses the service, and the Artist who publishes his works on the site, therefore accept all of the General Terms and Conditions of Sale and the General Terms and Conditions of Sale. By accepting the general terms and conditions, the natural persons who have declared themselves to represent the Artist affirm that they are duly authorized by the latter for this purpose. The Gallery may modify the General Terms and Conditions of Sale and the General Terms and Conditions of Sale at any time and will inform the Artist thereof on his Artist Space. The Artist who does not accept the new general terms and conditions must unsubscribe from the service by following the terms and conditions indicated in Clause 9 of this document.

 

 

Clause 2. Manager of The Gallery

The Gallery and Services are managed by the self-employed Guillaume Confais Morieux, RCS number 843 286 170 RCS Paris, SIRET number 84328617000058, detailed activity: Online art gallery, direct connection between clients-collectors with suppliers-artists. With the following activity categorizations: Categorization 1 Service activities, Categorization 2: Administrative activities, commercial agents and other business support activities, Categorization 3: Other commercial business support activities

(hereinafter: “ Galerie Guillaume Flamant ” or “ The Gallery ”).

Galerie Guillaume Flamant can be contacted at the following address:

Postal address: Galerie Guillaume Flamant - Guillaume Confais Morieux - 139 rue Pelleport – Box 30 - 75020 Paris

Phone: +33 616241678

Email address: contact@GuillaumeFlamant.com

Clause 3. Terms of registration on The Gallery

 

Candidacy

All Artists must submit a registration request by contacting Galerie Guillaume Flamant. Galerie Guillaume Flamant may also contact Artists directly.

Galerie Guillaume Flamant is the sole decision-maker for the selection of the Artist and is not required to justify its choices. If the application is accepted, the decision will be communicated by email, which will include a link for the Artist to complete the registration.

Galerie Guillaume Flamant will make every effort to respond to requests that are refused. However, if the Artist does not respond within 30 days of submitting their request, the request will be considered refused, and the Artist will not be entitled to any compensation or claim.

Confirmation

If the application is approved, the Gallery will send the Artist a confirmation email containing a single-use link to an online registration module, or an email summarizing the information required. All registrations must be complete to be valid.

Registration results in the opening of an Artist Space (hereinafter: the “ Artist Space ”), which allows the Artist to access the Services of La Galerie, and to open an account to manage financial flows between the Artist and the Gallery. This Artist Space also allows the Artist to use La Galerie as a Collector, in accordance with the General Conditions of Use and Sale. If the Artist Space is not available, the Artist may contact the Gallery to provide a summary of their sales and information collected.

When first connecting to their Artist Space, the Artist must provide information on La Galerie about their artistic career (hereinafter: the “ Curriculum ”), and about the Works they wish to sell on La Galerie (hereinafter: the “ Catalogue of Works ”),

This information is described in Clause 4 of this document.

Once the information has been validated by the Artist, Galerie Guillaume Flamant may ask the Artist to provide any additional information. Galerie Guillaume Flamant may modify or reword the texts provided, before validating the Artist Space and putting online its Curriculum and catalog of Works. Once informed of the publication of its information, the Artist must check it and return to Galerie Guillaume Flamant to report any errors, it being understood that it remains solely responsible for the information published concerning it or its works.

The Artist undertakes to provide Galerie Guillaume Flamant with all documents and additional information requested by the latter subsequently as soon as possible.

The Artist guarantees that all the works he/she offers to the Gallery are his/her own creation as specified in Clause 4, that he/she assigns free of charge all rights of distribution on the Gallery and on partner sites for promotional purposes, and that he/she authorizes the Gallery to reproduce all or part of the content provided by the Artist for the purpose of promoting the Gallery and the Artist through any channel that the Gallery deems useful. The Artist authorizes the Gallery to modify, adapt and crop the images of all the content provided by the Artist in order to adapt this content to the media, to cite the Artist and to use, where appropriate, any element provided by the Artist to the Gallery. The Artist accepts that all content provided to the Gallery may be translated into any language by the latter.

The Artist must define a username and password on the Gallery, for which he or she is solely responsible for maintaining and renewing them. In the event of suspicious activity, the Artist must immediately report the matter to Galerie Guillaume Flamant, which will take all necessary measures.

Clause 4. Services provided by La Galerie

Upon receipt of confirmation of the Artist's registration by the Gallery, the services are provided by the Gallery to the Artist for an indefinite period.

 

Sale of Works

The Gallery's primary objective is to enable living artists to promote and sell their works, thereby contributing to the emergence of contemporary artists and enabling them to earn a decent income from their work. The Gallery's low commission rates contribute to this objective.

Selling price

The Artist is the sole decision-maker regarding the sale price of his/her Works, provided that if a Work is offered for sale on a distribution channel other than the Gallery, the price on the Gallery is lower than or equal to that of the other distribution channel(s).

The Artist may request or receive advice on its sales prices from Galerie Guillaume Flamant.

Promotions and price reductions

Galerie Guillaume Flamant may exceptionally offer promotions, subject to compliance with applicable regulations. Price reductions may not exceed €10 including tax and/or 10% of the initially proposed value of the work. These promotions are notably applied to any first purchase by a Collector on La Galerie. If the Artist does not wish to apply the promotion, they must inform the Gallery to be temporarily suspended from the Gallery's catalog. The Gallery must announce promotional periods with an anticipation of 2 weeks, and the Artist must respond within 48 hours in case of disagreement. Without a response, participation in the promotion will be deemed accepted by the Artist.

Galerie Guillaume Flamant and the Artist may jointly offer promotions freely agreed between the parties on all or part of the Artist's works for sale at the Gallery, subject to compliance with the applicable regulations in this area.

Galerie Guillaume Flamant may also unilaterally offer promotions on one or more Works, subject to compliance with applicable regulations. In this case, the Artist will receive the full initial sale price, less Galerie Guillaume Flamant's commission as defined in Clause 5.

Artist Highlighting

 

Artist's Curriculum

The Artist's Curriculum allows you to present the Artist, their work and their career on the Gallery.

The Artist has direct access to it and can modify at will the information it contains, which is written under his responsibility.

Catalog of Works

The Artwork Catalog is the Artist's showcase in the Gallery. Through the selection of carefully selected photos of their Works taken by the Artist, and through the Gallery's promotional and advertising activities, it allows the Artist to improve their reputation and enhance their work. The Artist agrees to offer Works in the Gallery that, unless otherwise agreed in writing by Galerie Guillaume Flamant after the Artist's request, meet all of the criteria below:

• The Artist certifies that he is the author of the Works, has all the rights and authorizations over them to sell them through the Gallery, and is not committed to a third party, particularly in terms of exclusivity.
• The Artist certifies that the Works constitute works of art within the meaning of the General Tax Code, Annex 3 - Article 98 A
• The Artist certifies that the Works are lawful, do not infringe public order, morality or the rights of third parties and do not infringe any legislative or regulatory provisions.

The Artist is free to offer any Works that meet the above conditions and that he or she wishes to offer on the Gallery. He or she must provide all the information requested in the online forms provided for him or her in the Gallery, and remains responsible for the published content.

The Artist is responsible for maintaining and updating the inventory of Works offered in his/her Catalogue of Works, and for indicating those that have been sold. In the event of repeated failure to update the catalogue of Works resulting in the cancellation of sales, Galerie Guillaume Flamant may delete the Artist Space concerned.

Galerie Guillaume Flamant may at any time refuse proposed works if they do not correspond to its editorial strategy, without having to justify itself or this decision leading to any compensation.

Receipt of orders and payment for Works

For each order of a Work placed by a collector, Galerie Guillaume Flamant checks with the Artist that it is available.

If the Artist does not respond within two working days, unless he has previously indicated his absence in his artist space, which extends his response time accordingly, Galerie Guillaume Flamant will consider that the Work is no longer available, and will inform the Collector to cancel his order.

Upon confirmation of the availability of the Work, Galerie Guillaume Flamant sends the Collector an order confirmation email which constitutes validation.

If the Collector has not exercised his right of withdrawal, and at the end of the withdrawal period, Galerie Guillaume Flamant will pay the artist the balance of the sale price less his Commission provided for in Clause 5.

Delivery Tips

Galerie Guillaume Flamant will send the Artist an email with recommendations for shipping the Work, which the Artist agrees to follow. The Artist will order the delivery service at his own expense from a carrier of his choice, using a service provider that will provide a delivery tracking number. The Artist will be solely responsible for the packaging of the Work, particularly in the event of non-compliance with the recommendations, and agrees to reimburse Galerie Guillaume Flamant for any financial consequences it may have to bear as a result.

The Artist is required to ship the Work within 5 (five) working days following receipt of this email, unless he has previously indicated his absence in his artist space, which extends his delivery time accordingly.

The Artist will have previously indicated the delivery costs in the overall sale price of the work in the Catalogue of Works. He may also choose a rate providing for free delivery of the work.

The Artist must include in the package the invoice (including the sale price of the Work as well as any delivery costs charged to the Collector), and a certificate of authenticity.

Galerie Guillaume Flamant will provide models to assist the Artist, but the Artist is solely responsible for these documents, their accuracy and their legal compliance.

The Artist takes all necessary measures to insure the shipment of the work, in particular covering cases of loss, delay or damage to the work during shipment.

In the event of a delay in delivery, the Collector has the option of cancelling the order under the conditions and in accordance with the terms set out in Clause 4 of the T&Cs and thus obtaining a refund of the sums paid.

The packaging of the works by the Artist must be careful to avoid disputes with the collector.

• Paper and canvas works must be inserted between two sheets of cardboard larger than the work, then ideally surrounded by bubble wrap, and finally inserted into a cardboard envelope
• Sculptures and large-scale works must be wrapped in bubble wrap and then wedged into a cardboard box using straw or crumpled paper to prevent it from moving during shipping.
• For security and protection reasons, the works must not be shipped framed and/or under glass.
• don't forget to insert the order form and the certificate of authenticity in the package before closing it
• NB: please note, if you have not taken care with the packaging, you may have to reimburse the purchase to your collector with the shipping costs at your expense.

Once the package is ready, to prepare and pay for your shipping slip online, we recommend for shipments to and from France using the Collissimo service:

https://www.laposte.fr/colissimo-en-ligne

All the conditions of purchase, right of withdrawal, legal guarantees are described in the T&Cs.

Promotion of the Artist by the Gallery

The Artist agrees that the Gallery may include expert opinions in the Artist's Catalogue of Works or Curriculum that highlight his or her work. The Artist also agrees that these opinions may be published in newsletters or deleted at any time without these operations leading to compensation payments to the Artist.

The Artist accepts that the Gallery may distribute extracts from the Catalogue of Works or the Artist's Curriculum in newsletters, or in any promotional and/or communication document produced by the Gallery and its partners, or deleted without these operations leading to compensation payments to the Artist.

The Gallery may be required to hold national and international exhibitions, and to offer the Artist the opportunity to participate in them on an optional and voluntary basis. In this context, the artist must accept the special conditions relating to the exhibition, which will provide for the maintenance of the public price of the Works as indicated on the Gallery's website, and the application of a special additional commission allowing the Gallery to cover the exhibition costs.

The Gallery also offers a paid service to put “Featured” Works which are highlighted in the Gallery.

 

 

Image bank

The Artist may choose to delegate to The Gallery the management of image rights for the Works of his choice offered in the catalog of Works. This agreement is materialized by a checkbox when loading the visual of the Works that the Artist submits to the Catalog of Works. In this case, the Artist delegates to the Gallery the negotiation and marketing of the catalog of Works to third parties, accepts the rates proposed by the Gallery in this context, and grants exclusivity to the Gallery on the management of image rights on the Works concerned for one year from the date of authorization. This exclusivity agreement is renewed by tacit agreement and can be canceled by the Artist by simple email sent before the end of the period. In the event of an agreement with a Collector for the use of an image, the Artist acknowledges that the exclusivity period will be extended by the duration of this agreement.

 

 

Additional services offered by the Gallery

The Gallery may offer any optional additional services. It includes high-end printing services for catalogs, posters, postcards, publications, and magazines, which will be subject to a specific additional contract subject to approval by the parties.

 

 

Clause 5. Commission and remuneration

 

Sales commission

Galerie Guillaume Flamant will charge a commission for any Work sold on La Galerie, calculated according to the following terms:

• Commission: 15% (fifteen percent) excluding tax, Galerie Guillaume Flamant being exempt from VAT in 2024 due to its self-employed status
• Calculated on the sale price of the Work including all taxes (reduced where applicable by the amount corresponding to the promotion carried out on the sole initiative of Galerie Guillaume Flamant).
• In the event of a purchase of several artists in the same order from a Collector, and if a promotion applies as indicated in Clause 4, the distribution of the impact of the promotion will be applied pro rata to the total price of the order

Remuneration for the right to use the image bank

Galerie Guillaume Flamant will pay the Artist for any use of an image rented from La Galerie's image bank, a fee calculated according to the following terms:

• Remuneration: 70% (-10 percent) all taxes included, Galerie Guillaume Flamant being subject to the ordinary VAT rate on services, namely 20% in 2024
• Calculated on the price of use of the image including all taxes charged by Galerie Guillaume Flamant and whose price grid for use is available on the site

Commissioning and Remuneration may be revised by Galerie Guillaume Flamant at any time, at its sole discretion. The Artist will be informed by Galerie Guillaume Flamant of these modifications and their entry into force by any useful written means at least 5 working days before their entry into force and is deemed to accept them. In the event of disagreement, the Artist must delete their Artist Space and unsubscribe from the Gallery in accordance with the terms set out in Clause 9.

Galerie Guillaume Flamant will automatically deduct all fees due from the Artist Space. If the Artist has sufficient funds in their payment account, no further action is required for payment. If their payment account does not have sufficient funds, the Artist will be responsible for paying all fees due within 15 days of their monthly statement date, or the account will be considered overdue.

Galerie Guillaume Flamant will issue invoices for each transaction, sent to the Artist by email and available on their Artist Space.

In return for its low commission rate and high remuneration, Galerie Guillaume Flamant reserves the right to carry out advertising inserts in the Gallery and in any of its communication media from partners chosen exclusively and under the sole responsibility of the Gallery.

Clause 6. Artist's Commitments

The Artist undertakes to comply with all general conditions, laws and regulations in force under penalty of exclusion as provided for in Clause 9. He takes particular note of the following points:

 

• The Artist undertakes to ship his sold works quickly and in a protected manner, as indicated in Clause 4
• The Artist certifies to the Gallery that he/she complies with the laws and regulations in force and has completed all the necessary procedures for his/her activity, in particular fiscal, social and administrative.
• The Artist must immediately forward any complaint or information received from a Collector, particularly in the context of an Order from the latter.
• The Artist is solely responsible for updating the information concerning him/her published on the Gallery, and in particular the banking and contact information indicated on his/her Curriculum or his/her Catalogue of Works.
• The Artist acknowledges that only the operations indicated on the La Galerie website and accessible to the Artist are authentic and proof.
• The Artist undertakes to inform the Gallery of any difficulty in using its Services, for which it is solely responsible, and to inform the Gallery of any anomaly in the content or tools offered within the Gallery.
• The Artist agrees to keep confidential any data received by the Gallery. This commitment includes not reusing it for personal purposes outside of the services offered by the Gallery.
• The Artist undertakes not to bypass the Gallery by directly contacting a Collector with whom it has put him in contact.
• The Artist undertakes not to use the Gallery for purposes other than the resale and promotion of his/her Catalogue of Works.

The Gallery reserves the right to take any administrative, legal or commercial action in the event of the Artist's failure to meet his or her obligations, and to alert any authority in connection with a failure.

Clause 7. Commitments of Galerie Guillaume Flamant

 

• Galerie Guillaume Flamant makes every effort to ensure good quality of service, but has no obligation of results, which the parties acknowledge.
• The responsibility of Galerie Guillaume Flamant is limited to the sole provision of tools and services enabling the Artist and the Collector to be put in contact, as a hosting site.
• Galerie Guillaume Flamant's services allow the Artist and the Collector to contract directly with each other. The Artist and the Collector are solely responsible for the legal acts they issue between themselves.
• Galerie Guillaume Flamant regularly carries out maintenance and inspection operations that may affect the accessibility of the Gallery. It cannot be held responsible for access limitations for these reasons, for any case of force majeure, or due to difficulties related to its service providers and access providers. The Gallery is not required to maintain archives or backups of the information published on its website.
• The Artist and the Collector are aware that the Gallery uses a prototype test site which may generate errors or defects.
• The Gallery cannot be held liable for damages and consequences other than those directly suffered by the Artist in the use of the services offered by the Gallery alone, to the exclusion of any third party, for an amount which may not in any event exceed the remuneration received up to 6 (six) months after the occurrence of the damage proven and reported by the Artist by registered letter with acknowledgment of receipt.

Clause 8. Intellectual property of Galerie Guillaume Flamant

All documents, tools and data posted online or transmitted by the Gallery are governed by intellectual property rights and the rights of database producers, in particular through articles L342-1 and L342-2 of the Intellectual Property Code.

Any reproduction of a document, tool, data put online or transmitted without the express written authorization of Galerie Guillaume Flamant is prohibited and may be subject to legal action.

Clause 9. Termination of Services

Termination at the initiative of the Gallery

In the event of an Artist's failure to comply with any of their commitments set out in Clause 6, their access to all or part of the Services may be terminated automatically after receipt of an initial warning by the Gallery. The Gallery may take all necessary steps to claim damages from the Artist resulting from the Artist's failures. Termination will result in the immediate deletion of the Artist's Artist Space.

The Gallery may also, on its own initiative, terminate the Artist's access to the Gallery by registered letter with acknowledgment of receipt, with this decision taking effect within 30 days. This decision does not require justification of the Gallery's reasons to the Artist.

 

Termination at the initiative of the Artist

The Artist wishing to unsubscribe must send their request to Galerie Guillaume Flamant by email or by post, to the contact details indicated in Clause 2.

This cancellation is effective within a maximum of 5 working days after the resolution of the last order in progress at the time of the cancellation request, including the withdrawal period. The artist remains committed, however, to any service to which he or she has committed and for the expected duration of these services. Cancellation results in the deletion of all information concerning the Artist held by the Gallery.

Clause 10. Language, Applicable Law and Dispute Resolution

Language

The general conditions and contractual documents of Galerie Guillaume Flamant are written in French.

They are translated into other languages ​​to guide the user. However, in case of doubt about the interpretation of the texts, only the text written in French will be authentic.

Applicable law

These general conditions are governed by French law.

Jurisdiction

In the event of a dispute between the parties which cannot be resolved amicably, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on it, unless there are mandatory procedural rules to the contrary.

Clause 11. Contact

For any questions, the Gallery can be contacted using the contact details provided in clause 2.