Chapter I — Artransfer

Terms of Use

Version 2.0 — Effective date: 1 January 2025

Please read these Terms of Use carefully before using the Artransfer platform. By accessing the platform, you agree to be bound by these terms. Artransfer is operated by Artransfer SAS, whose full details appear in Chapter V (Legal Notice).
01

Services offered

Artransfer is a marketplace connecting sellers and buyers of artworks on the secondary market. Acting as an intermediary, Artransfer hosts listings published by sellers and facilitates transactions between users.

Artransfer is not a party to any transaction between users and does not buy or sell artworks listed on the platform. Its liability is limited to the provision of the intermediation services described in these Terms. Artransfer's services include: publishing and browsing artwork sale listings, facilitating transactions via a secure payment system and escrow account, bespoke artwork search, free collection inventory and tracking tool, and shipping coordination via partner carriers.

02

Terms of use

By accessing the Artransfer platform, you declare that you have read, understood and accepted these Terms. If you do not accept these terms, you must stop using the platform immediately. Access is reserved for individuals aged 18 or over, or for legal entities duly authorised to act within their professional capacity.

03

Privacy policy

The collection and processing of your personal data is governed by our Privacy Policy (Chapter III), which complies with the GDPR (EU Regulation 2016/679) and applicable French data protection law. By registering, you accept the data processing practices described therein.

04

Age restriction

You must be at least 18 years old to use the Artransfer platform. By registering, you confirm that you have reached this age and have the legal capacity to enter into binding contracts. Artransfer accepts no liability for any consequences arising from a false age declaration.

05

Intellectual property

All elements of the Artransfer platform — structure, design, text, images, logos, databases — are the exclusive property of Artransfer SAS or its partners, protected by French and international intellectual property law. Any unauthorised reproduction is strictly prohibited.

By publishing content on the platform, you grant Artransfer a non-exclusive, worldwide, royalty-free licence limited to the operational needs of the platform and for the duration of its use. This licence ends upon deletion of the relevant content or closure of the account. You warrant that you hold all necessary rights over the content you publish.

06

User accounts

To access Artransfer's services, you must create an account by providing accurate, complete and up-to-date information. Only one account per user is permitted. You are responsible for keeping your login credentials confidential and for all activities carried out from your account.

In the event of suspected compromise, you must notify us immediately at hello@artransfer.com. Artransfer reserves the right to suspend, restrict or delete any account in the event of a breach of these Terms, inaccurate information, or proven or suspected fraudulent conduct.

07

Third-party terms

Certain platform features rely on third-party services (in particular Stripe for payment processing) governed by their own terms and conditions. Artransfer will display a link to those terms when applicable. It is your responsibility to read and accept them before using the relevant services.

08

Listing artworks on the platform

Only artworks meeting all of the following conditions may be listed:

  • The seller holds title and is authorised to transfer ownership
  • The sale or possession of the artwork does not breach any third-party rights or applicable regulations
  • The artwork is authentic and not counterfeit — the seller bears sole responsibility for this
  • Photographs and descriptions accurately reflect the actual condition of the artwork, including any visible defects
  • Photographs are original and belong to the seller — using images found online is strictly prohibited

The publication of a validated listing constitutes an offer to sell. The seller may withdraw their listing at any time before acceptance. Any change in price triggers a new moderation step.

09

Listing ranking parameters

Listings are sorted by relevance by default, taking into account relevance to the search query, buyer account preferences and browsing history, and the date the artwork was listed. Artransfer does not receive payment from sellers in exchange for improved ranking.

10

Purchasing artworks on the platform

Buyers may acquire artworks using the "Buy" or "Make an offer" buttons. Completing payment creates a legally binding contract between the buyer and seller. Artransfer is not a party to this contract.

Any transaction carried out outside these buttons is done at the user's own risk. Artransfer provides none of the associated services (escrow, tracking, mediation) for off-platform transactions.

11

Bespoke artwork search

Via the "Find" tab, Artransfer offers a personalised artwork search service. The user provides their criteria (artist, medium, budget, etc.) and the Artransfer team leverages its network. This service is subject to availability and does not constitute a guarantee of result.

12

Shipping tracking

Artransfer provides an online tracking tool that displays only the information communicated by partner carriers. Artransfer accepts no liability for inaccurate, incomplete or outdated tracking information provided by the carrier.

13

Dispute window for a non-conforming artwork

The conditions applicable in the event that a delivered artwork does not conform to its description are detailed in Chapter II (General Terms of Sale), including reporting deadlines, return procedures and available remedies.

14

Payment

Artransfer offers three payment methods:

  • Bank card (credit or debit) — processed via Stripe, a licensed payment service provider
  • Bank transfer — the buyer has 48 hours from booking confirmation to complete the transfer; failing this, the booking is cancelled
  • 3-instalment payment at no charge — available only where the seller has agreed (shown on the listing); the first payment must be made within 48 hours of placing the order

All prices are in euros (€). For private-to-private sales, VAT is not applicable. For sales involving a VAT-registered professional, the applicable VAT treatment is indicated on the artwork listing.

Funds are held in an escrow account managed by Artransfer until the transaction is completed.

15

Transaction completion

The price is held in escrow until the transaction is completed: when the buyer validates conformity within the dispute window; automatically upon expiry of the 48-hour dispute window following delivery if no issue has been reported; or after resolution of a dispute reported in time. Once completed, funds are immediately transferred to the seller's bank account, net of Artransfer's commission.

16

Payment system restrictions

The integrated payment system is exclusively reserved for transactions carried out by the user on their own account. It is prohibited to assign, sub-licence or make it available to third parties. Any fraudulent use will result in immediate account suspension and may give rise to legal proceedings.

17

KYC (Know Your Customer) checks

In accordance with applicable AML/CTF regulations, Artransfer and its payment provider may require identity verification from users when certain financial thresholds are reached or in the event of suspected fraudulent activity. Documents that may be requested include: official identity document, proof of address, or any other relevant document. In the event of a refusal to cooperate, the account may be suspended and funds frozen.

18

Shipping artworks

Artransfer does not operate its own shipping service. Available shipping options and their terms are detailed in Chapter II (General Terms of Sale). Artransfer may update the list of partner carriers at any time. The buyer selects their shipping option at checkout. The seller is required to use the option chosen by the buyer; failure to do so may result in the transaction being cancelled.

19

Messaging on the platform

Private messaging is exclusively reserved for exchanging information about artworks in the catalogue. It is prohibited to send advertising messages, spam, unlawful, insulting or defamatory content, or content that may constitute harassment. Artransfer may use automated detection systems that may result in the message being blocked, a warning, or account suspension.

20

Collection inventory

Artransfer provides a free collection inventory tool enabling users to manage and track their acquisitions: tracking of sales and purchases, collection valuation analysis, and access to partner services (insurance, framing, photography). This data is strictly personal and confidential.

21

User liability

Each user is fully responsible for the information they publish, the artworks they offer, and the transactions they conclude. Users undertake to comply with all applicable laws and regulations. Prohibited conduct includes: counterfeiting, money laundering, selling stolen or unlawfully exported artworks, spreading false information, identity theft, and any infringement of third-party intellectual property rights.

22

User obligations

When using the platform, each user undertakes in particular to: provide accurate information and keep it up to date; create only one user account; not use the platform for fraudulent or unlawful purposes; provide objective and accurate descriptions of artworks listed for sale; not reproduce platform content without Artransfer's prior written authorisation; not use automated data extraction techniques (scraping, crawling, data mining); not share misleading or unlawful content or content that infringes third-party rights. These obligations apply equally to individual and professional users.

23

Account restriction and blocking

In the event of a breach of these Terms, Artransfer may take the following measures, proportionate to the seriousness of the breaches:

  • Restriction: limitation of access to certain features (listing, messaging, transactions)
  • Temporary blocking: account suspension with the ability to complete ongoing transactions
  • Permanent blocking: for serious or repeated breaches, or proven fraudulent conduct

The user is informed of the measure taken and its reasons, unless this risks compromising an ongoing procedure.

24

Artransfer rights and obligations

Artransfer may at any time modify the organisation of the platform, its features or interface elements, provided it does not alter content published by users or restrict their rights as defined in these Terms. Artransfer may suspend or cease operating the platform subject to notifying users with a minimum 30-day notice period, except in cases of force majeure.

25

Consumer mediation

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, Artransfer provides a consumer mediation scheme for individual (non-professional) users. In the event of a dispute that cannot be resolved amicably, you may have free recourse to mediation.

European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr

26

Governing law

These Terms are governed by French law. In the event of a dispute regarding their interpretation or performance, the parties will endeavour to find an amicable solution before any legal proceedings.

27

Disputes

In the absence of an amicable resolution, any dispute relating to these Terms will be submitted to the jurisdiction of the French courts. For professional users, the competent court is that of Artransfer SAS's registered office. For consumer users, jurisdiction is determined in accordance with the mandatory provisions of the French Consumer Code (Article R.631-3), which notably allows consumers to bring proceedings before the court of their place of residence.

28

Indemnification

You agree to indemnify Artransfer, its officers, employees and partners against any claim, action, damage or cost (including reasonable legal fees) arising directly from your breach of these Terms or misuse of the platform.

29

Limitation of liability

Artransfer cannot be held liable for direct or indirect damages resulting from the use or inability to use the platform, the inaccuracy of information published by sellers, or any failure attributable to a third party (carrier, payment provider, etc.). This limitation does not apply in cases of Artransfer's intentional misconduct or gross negligence, nor to consumers' mandatory statutory rights.

30

Amendments to these Terms

Artransfer reserves the right to amend these Terms at any time. Any material change will be notified to users by email at least 30 days before it takes effect. The user has 30 days to accept the new terms. Continued use of the platform beyond this period constitutes acceptance of the new terms.

Chapter II — Artransfer

General Terms of Sale

Version 2.0 — Effective date: 1 January 2025

01

Formation of the sales contract

The sales contract is concluded between the buyer and seller upon completion of payment by the buyer. Artransfer is not a party to this contract. The sale relates to the artwork as described in the listing (name, artist, technique, dimensions, condition, certificate of authenticity where applicable). The seller warrants that the delivered artwork conforms to this description.

02

Price and commission

The artwork price is set freely by the seller. Artransfer charges a commission on each transaction completed via the platform. The commission amount is set out in the fee schedule available on the Pricing page. The price displayed is the total price paid by the buyer, including Artransfer's commission. The seller receives the sale price net of commission. The applicable VAT treatment depends on the seller's status (private individual or VAT-registered professional) and is indicated on the artwork listing.

03

Right of withdrawal (individual buyers)

Mandatory legal information

In accordance with Articles L.221-18 et seq. of the French Consumer Code, any individual buyer (non-professional) has a right of withdrawal of 14 calendar days from the date of delivery of the artwork, without having to give reasons.

To exercise this right, notify your decision by email to hello@artransfer.com using the form below. Artransfer will forward your request to the relevant seller. Reimbursement will be made within 14 days of receipt of the artwork returned by the buyer, using the same payment method as that used for the purchase.

Return shipping costs are borne by the buyer, unless the artwork does not conform to its description. Exception: the right of withdrawal does not apply to artworks made to the buyer's specific order (Art. L.221-28 of the French Consumer Code).

Withdrawal form (template):
To the attention of Artransfer / [Seller name]:
I hereby give notice of my withdrawal from the contract for the sale of the following artwork: [artwork description], ordered on [date], received on [date].
Buyer's name: ___________ — Address: ___________ — Date: ___________
04

Delivery and transfer of risk

The seller is responsible for packaging the artwork and handing it over to the carrier selected by the buyer. The transfer of risk (loss, damage) occurs upon delivery of the artwork to the buyer or at the collection point. In the event of damage occurring during transit, the buyer must record precise reservations with the carrier and notify Artransfer within 48 hours of delivery.

05

Artwork conformity — Dispute window

Upon receipt of the artwork, the buyer has 48 hours to report any non-conformity via the platform ("Report an issue" button). After this period, and unless the right of withdrawal is exercised, the transaction is automatically validated.

Non-conformity consists of any significant difference between the artwork received and its description (condition, dimensions, technique, presence of a stated certificate, etc.). In the event of a report made within the deadline: Artransfer contacts the seller and buyer to attempt an amicable resolution; if non-conformity is established, the seller bears return shipping costs and provides a full refund to the buyer; in the event of disagreement, the dispute is referred to the mediation mechanism set out in Article 25 of the Terms of Use.

06

Statutory warranties (individual buyers)

Independently of the 48-hour dispute window, individual buyers benefit from the following statutory warranties:

  • Statutory conformity warranty (Art. L.217-3 et seq. of the French Consumer Code): 2 years from delivery for sales between a professional seller and a consumer buyer
  • Warranty against hidden defects (Art. 1641 et seq. of the French Civil Code): applicable to all sales, allowing the buyer to seek cancellation of the sale or a price reduction

For private-to-private sales, only the warranty against hidden defects applies.

07

Authenticity of artworks

The seller warrants the authenticity of the artwork as described and declares that they hold the authenticity documents mentioned. In the event of a challenge to authenticity after the sale, the buyer may engage an independent expert. If counterfeiting is established, the sale is automatically void and the seller must fully reimburse the buyer, including costs.

08

Order cancellation

An order may be cancelled: by the buyer before the artwork is collected by the carrier, by contacting Artransfer customer service; by the seller before shipping, only in the event of duly justified force majeure or unavailability not attributable to their negligence; by Artransfer in the event of a breach of the Terms of Use or suspected fraud. In the event of cancellation attributable to the seller after acceptance of the offer, the seller will be required to compensate the buyer for any costs incurred.

09

Artist resale right (droit de suite)

In accordance with European Directive 2001/84/EC and Articles L.122-8 et seq. of the French Intellectual Property Code, the artist resale right applies to sales of original artworks by living artists or artists who died less than 70 years ago, where the seller is an art market professional and the sale price exceeds €750. Where applicable, the resale right is borne by the seller. Artransfer may, at the request of a professional seller, collect and remit the resale right. Contact hello@artransfer.com for further information.

10

Reporting obligations (anti-money laundering)

In accordance with Order No. 2020-115 of 12 February 2020 transposing the 5th Anti-Money Laundering Directive, cash transactions in the art market exceeding €10,000 are prohibited. Artransfer is subject to due diligence and suspicious transaction reporting obligations to Tracfin. Buyers and sellers undertake to cooperate with Artransfer in meeting the legal AML/CTF obligations.

Chapter III — Artransfer

Privacy Policy

Version 2.0 — Effective date: 1 January 2025 — GDPR compliant

01

Data controller

Artransfer

Registered office: 78 rue Amelot 75011 Paris

Trade register: 89974601000037

DPO contact: hello@artransfer.com

02

Data collected and purposes

DataPurposeLegal basisRetention
Identity (name, email)Account creation and managementContract performanceAccount + 5 years
Contact details (address, phone)Delivery, billing, contactContract performanceAccount + 5 years
Payment dataTransaction processing (Stripe)Contract performance13 months (card)
Browsing data (cookies)Operation, personalisation, analyticsConsent13 months max
Transaction historyTracking, disputes, legal obligationsLegal obligation10 years
KYC data (ID document)Regulatory identity verification (AML)Legal obligation5 years post-closure
Published contentPlatform operationContract performanceUntil deletion
Marketing emailNewsletter, offers (if consented)ConsentUntil withdrawal
03

Data recipients

Your data may be shared with the following recipients, only to the extent necessary:

  • Stripe — transaction processing and secure storage of banking data
  • Partner carriers — for delivery coordination
  • Odoo — platform host
  • Tracfin — where legally required to report (anti-money laundering)
  • Judicial or administrative authorities — upon lawful request

Artransfer never sells your data to third parties for commercial purposes. No data transfer outside the EU is made without appropriate safeguards (standard contractual clauses or adequacy decision).

04

Your rights

Access

Obtain a copy of your personal data processed by Artransfer

Rectification

Have inaccurate or incomplete data corrected

Erasure

Request deletion of your data in cases provided for by the GDPR

Portability

Receive your data in a structured, machine-readable format

Objection

Object to processing based on legitimate interest or for direct marketing

Restriction

Request suspension of processing in certain cases

To exercise your rights, contact us at privacy@artransfer.com. We will respond within one month. If unsatisfied, you may lodge a complaint with the CNIL: www.cnil.fr.

05

Data security

Artransfer implements appropriate technical and organisational measures: encryption of data in transit (TLS) and at rest, least-privilege access controls, access logging, and strong password policies. In the event of a data breach likely to result in a risk to your rights and freedoms, we will notify you as soon as possible in accordance with Article 34 of the GDPR.

06

Cookies

Our detailed cookie policy is available in Chapter IV. In summary, we use cookies essential to platform operation, analytics cookies (with your consent) and personalisation cookies. You can manage your preferences at any time via the cookie management panel accessible from the site footer.

07

Changes to this policy

Artransfer may amend this privacy policy at any time. Any significant change will be notified to you by email or via a visible banner on the platform. The date of the last update appears at the top of this document.

Chapter IV — Artransfer

Cookie Policy

Version 2.0 — Effective date: 1 January 2025

01

What is a cookie?

A cookie is a small text file placed on your device when you visit a website. It enables the site to remember certain information about your browsing and to recognise you on future visits. In accordance with French regulations (CNIL deliberation no. 2020-091), any cookie that is not strictly necessary for the operation of the service requires your prior consent.

02

Cookies used on Artransfer

03

Manage your preferences

On your first visit, a consent banner allows you to accept or decline non-essential cookies. You can change your choices at any time by clicking "Manage cookies" at the bottom of the site. You can also configure your browser to refuse all or some cookies, which may affect how the platform works (account login, payment).