GENERAL TERMS AND CONDITIONS OF SALE
See More SA, hereinafter referred to as “See More,” is a company whose mission is to provide information technology services.
Its corporate object also includes developing and marketing software applications.
See More and the See More logo are protected and registered trademarks of See More.
The purpose of any contract concluded under these general terms and conditions of sale is to provide a service to people who wish to exhibit two-dimensional works of art (such as paintings or photographs) in order to sell them.
See More is developing an IT tool, hereinafter referred to as the “See More tool” which comprises the website www.seemore.lu intended for customers, and the software application intended for artwork buyers.
The See More tool is a sales tool intended for people who wish to exhibit a two-dimensional work of art, art galleries, artists or others, hereinafter referred to as the “client(s)” with a view to sell it to a public composed of all interested persons, hereinafter referred to as the “artwork buyer(s).”
See More is in no way involved in any transaction concerning a work of art.
These transactions shall be carried out exclusively by and between the client and the artwork buyer.
The software application is now a general showcase of several works of art, but makes it possible to find a work thanks to a specific hyperlink or QR Code for that work in order to simulate a life-size installation in the context of the artwork buyer’s environment.
See More thus provides a means to help its clients sell their works of art by presenting them in augmented reality.
The application also makes it possible to zoom in so as to see the details of the work of art.
Article 1 – Applicable general terms and conditions and scope of these general terms and conditions
Acceptance by the client of the contractual offer of See More shall entail complete agreement on the type, content and price of the services offered and on the terms and conditions set out below.
The client shall accept the general terms and conditions by ticking the box “I have read and I accept the general terms and conditions of sale” at the end of these general terms and conditions.
The client shall waive the application of his own general terms and conditions, acknowledge that he has become cognizant of these terms and conditions and that he has accepted them unconditionally. Unless expressly agreed otherwise in writing by See More, only these general terms and conditions shall apply to the contract.
These general terms and conditions may be amended by See More without notice, by informing the client accordingly. The amended terms and conditions of sale shall apply only to contracts concluded after they entered into force.
The client accepts that these general terms and conditions shall be communicated to him by electronic means. He shall acknowledge such means of communication as being valid both between the parties and in regard to third parties.
The client shall go to www.seemore.lu, where he shall create a client account and enter the requisite personal information.
To upload a work of art in the See More tool, the client shall provide data including in particular an iconographic representation of the work as well as its key characteristics (such as the name of the artist, name of the work, price, dimensions, reference, available quantity and production technique).
These data shall be communicated under the exclusive responsibility of the client.
By accepting these general terms and conditions of sale, the client declares formally that he has all the authorizations necessary concerning copyright and in particular the image rights to the work of art that is the subject of the contract with See More.
See More cannot accept any liability on this matter.
Once all the necessary data have been provided, See More shall generate a QR Code and a hyperlink for its client.
The client may place the QR Code generated by See More at the disposal of artwork buyers on a medium of his choice. When an artwork buyer flashes the QR Code, See More shall make its software application available for downloading.
The client may place the hyperlink generated by See More at the disposal of artwork buyers on the website of his choice. The hyperlink enables the artwork buyer to download the See More software application.
The See More software application can be used to download directly the data concerning the work, the image and main characteristics from the See More tool.
If the artwork buyer already has the See More software application, the QR Code and the hyperlink will enable him to download the data concerning the work directly, without having to install the software application anew.
The client may choose to include a hyperlink in the application that refers the artwork buyer to him.
Upon the expiry of the contract or the “package,” all works concerned shall be deactivated by See More, both on the See More tool and on the media on which the artwork buyers have downloaded the works concerned.
The client may also opt to deactivate a work from the See More tool.
If a client deactivates a work by removing it from the See More tool, that work shall become totally inaccessible for artwork buyers as of the time it is deactivated, including for an artwork buyer who has registered a work as a favourite.
The data concerning the work shall nonetheless be kept by See More, which shall not make any use thereof.
The client may ask to have all the data concerning a work which he had entered on the See More tool deleted. In such a case, See More shall not keep any trace of such data.
Article 2 – Free Package
The client may present a maximum of ten works to artwork buyers in the free package, and shall be entitled to a total of one hundred views for all works.
To be able to continue making these works available beyond this limit, the client shall have to subscribe to a paying package (standard package or premium package).
Once the one hundred views have been attained, all the works presented under the free package shall be deactivated. They shall therefore no longer be visible by the artwork buyers, even for a work registered as a favourite by a buyer.
The client may discontinue the free package at all times in order to subscribe to one of the paying packages immediately.
Article 3 – Standard and premium packages
A “Price” menu available on www.seemore.lu displays the prices and the corresponding services for each type of package.
The premium package entitles the client to additional services (compared with the standard package), which can be consulted under the “Price” menu.
Under the standard package, the client shall pay €35 to make a work available in the See More tool immediately for a period comprising the current and subsequent calendar months.
To maintain the desired works as of the next calendar month, the client shall pay € per work, per month.
The subscription may be renewed for one month at the client’s initiative.
The client may nonetheless opt for automatic renewal.
When the client decides to remove his work from the See More tool, the work shall be maintained automatically for the entire period which has been paid for irrevocably.
See More shall automatically retain the client’s data relating to his identity and his work of art.
Article 4 – Payment terms
All prices indicated in the estimate shall be quoted (exclusive of tax) and payable in euros (€).
All payments shall be made by bank card via www.seemore.lu.
Clients shall enter their bank card details on www.seemore.lu.
When a client makes a payment for the first time, he may enter his bank card details for the automatic renewal of his package by direct debit.
As soon as a client who has entered his bank card details makes a payment, an invoice shall be available on and downloadable from the account that the client created on www.seemore.lu.
The client may also request that the invoice be sent to him.
The client may access previous invoices under the history of orders and invoices on www.seemore.lu.
If the client opts not to enter his bank card details, the renewal shall be carried out manually at his initiative.
See More shall relinquish the client’s bank card details immediately. These data shall then be transferred at once to be managed for payments and stored by an external provider, Stripe, Inc., a recognized player in the field of electronic payments, who has acknowledged that it would comply with the General Data Protection Regulation (GDPR). This delegation has been carried out by virtue of a contract concluded by and between See More SA and Stripe Inc.
The client shall grant his consent without reservation for this transfer and processing by Stripe, Inc.
See More shall nonetheless retain the authorization given by the client:
- for future direct debits for the automatic monthly renewal of the subscribed package;
- so that his bank card details are transmitted to and used by Strip, Inc., a third-party subcontractor of See More.
The client may terminate the afore-described authorization at all times by the simple request to See More, for instance in order to terminate the contractual relationship with See More, or to replace the automatic monthly payment by a manual monthly payment.
In this case, See More shall delete all the data concerned from Stripe, Inc.
Payments shall be made in advance.
In the event of automatic renewal, payment shall be made on the 1st of the current month, then on the 1st of the subsequent month, and so forth and so on. The client shall then be notified seven days before each debit.
Payments shall be made by debit carried out by the service provider in charge of processing Stripe, Inc. payments, each time at the express request of See More by electronic means.
The client may terminate his direct debit at all times, by unticking the corresponding box on www.seemore.lu
Article 5 – Payment incidents
In the event of a payment incident, expired or rejected bank card, exceeding of authorized maximum amount or any other type of incident, the service provider in charge of Stripe, Inc. payments shall report these incidents to See More.
The client shall in such a case be notified by e-mail that his payment failed and that he will have to sort out the situation.
If once so informed, the client does not sort out his failed payment, the corresponding works already entered in the See More tool shall be deactivated as of the next monthly due date.
Article 6 – General Data Protection Regulation (GDPR)
See More SA undertakes to process the data of clients in accordance with the General Data Protection Regulation, which was adopted on 27 April 2016 (Regulation 2016/679) – GDPR – and entered into force on 25 May 2018.
To be informed on requirements for the processing of your personal data by See More SA and your rights concerning these data, go to the “Confidentiality Policy” menu on www.seemore.lu or contact our data controller Gilles Maire, e-mail: firstname.lastname@example.org, tel: 00352 26 17 55 66 32, at See More SA, 3 Avenue du Blues, L-4368 Belval.
For his part, upon acceptance of these general terms and conditions of sale, the Client shall give his consent for his data to be processed in accordance with the GDPR.
By accepting these general terms and conditions of sale, the client shall declare that he is compliant with the GDPR.
Article 7 – Applicable law and competent court
These general terms and conditions of sale as well as all contracts concluded in connection therewith shall be governed by Luxembourgish law.
The parties shall attribute express exclusive jurisdiction to the courts and tribunals of Luxembourg City.