GENERAL TERMS AND CONDITIONS OF SALE

Updated on October 20, 2026

These general terms and conditions of sale (hereinafter the "GTC") bind Avanvue, a simplified joint-stock company with a single shareholder (SASU), having its registered office at 36 rue Scheffer, 75116 Paris, registered in the Paris Trade and Companies Register under number 105562847 R.C.S. Paris, with SIRET number 10556284700027 and European Unique Identifier (EUID) FR7501.105562847 (hereinafter referred to as "Avanvue"), represented by Saliha Sidi Said in her capacity as director, duly authorized for the purposes hereof, with the contact email address contact@avanvue.com, and the members of the Avanvue club (hereinafter the "Members"), whether consumers or, exceptionally, professionals.


ARTICLE 1 – PURPOSE AND SCOPE

1.1 Avanvue is an online club bringing together collectors, Club Members, and emerging artists (hereinafter the "Artist" or the "Artists"), offering a contemporary alternative to traditional art distribution networks.

Avanvue is based on a matching system, enabling the presentation and sale of original artworks (hereinafter the "Artwork" or the "Artworks") by Artists represented by Avanvue to a community of Member collectors, meaning anyone who has subscribed to a membership offered by Avanvue.

1.2 In this context, Avanvue offers several membership tiers to Members, providing access to a set of services (hereinafter the "Services").

The Services offered to Members include the following, it being specified that access to any given service depends on the membership tier subscribed to by the Member, under the conditions specified in Article 2 of these GTC:

  • sending newsletters;

  • access to exclusive content dedicated to Artists and their Artworks;

  • introduction to Artists;

  • organization of privileged experiences, such as individual meetings with Artists, studio or exhibition visits, as well as invitations to private events;

  • the opportunity to acquire selected original Artworks ahead of others; and

  • the secure acquisition of artwork through Avanvue.

1.3 Members may be consumers ("Consumer Members") or, exceptionally, professionals ("Professional Members"), within the meaning of the preliminary article of the French Consumer Code. Professional Members cannot benefit from, nor assert against Avanvue, the provisions of the Consumer Code, where applicable, mentioned in these GTC. These provisions solely benefit Consumer Members.

1.4 To subscribe to a membership, the Member must be of legal age and/or have legal capacity, and comply with these GTC. The Member shall provide Avanvue, upon first request, with any document justifying their capacity, status, identity, and contact details, including their bank identity statement (RIB), for the purpose of setting up a direct debit mandate. The Member guarantees Avanvue against any claims, lawsuits, and actions resulting from the absence or inaccuracy of such documents and undertakes to reimburse Avanvue for all expenses and indemnify it for any resulting damages directly, in proportion to the damage suffered.

1.5 Avanvue and the Member (hereinafter the "Parties") agree that the purpose of these GTC is to define the rights and obligations of each Party in the context of subscribing to a membership, as well as the conditions relating to access to and use of the Services offered by Avanvue, which vary according to the tier chosen by the Member.

Any club membership by a Member and thus any provision of Services implies full and unreserved acceptance by the Member of the GTC, which apply to all quotes, contracts, services, or other agreements between the Parties and supersede any other document (correspondence, catalogs, etc.), unless expressly stated otherwise.

The GTC remain applicable for the entire duration of the membership and until the extinction of the Parties' obligations.

1.6 Avanvue reserves the right to modify these GTC at any time. The applicable GTC are those in force on the date of membership subscription.

1.7 These GTC are written in French. Only the French version is authentic. Any translation into another language is provided for informational purposes only and shall not engage Avanvue's liability in the event of any discrepancy with the French version, which shall systematically prevail.


ARTICLE 2 – MEMBERSHIP AND SERVICES


2.1 Membership subscription and tiers

2.1.1 Access to the Services offered by Avanvue is conditional upon the prior subscription of a membership by the Member, which is available in various membership tiers.

2.1.2 As of the date hereof, the available tiers are as follows: Discovery tier, Curious tier, Insider tier.


Discovery tier: Free

  • The Letter.

  • The Complete gallery of artworks.

  • The price of each artwork is displayed.

  • Artist profiles and the approach.

  • Request an artwork, or ask a question.

  • The "reserved" badge on committed artworks


Curious tier: €29 / month or €290 / year (two months free)

All the above Discovery tier benefits plus:

  • 2 curation sessions per year (30-minute video call, your wall, your taste, three pieces selected just for you).

  • New artworks and new artists 48 hours before everyone else. The studio letter, upon the arrival of new artworks.


Insider tier: €97 / month or €870 / year (three months free)

All the above Curious tier benefits plus:

  • Studio visit and private conversation with the artist (in person in Paris or via video call elsewhere).

  • New artworks 7 days ahead of everyone else.

  • Reserve an artwork for 24 hours.

  • Invitation to vernissages and Avanvue events in Paris.

  • Primary contact; response within 24 hours.

2.1.3 Any membership request can be made online on the website or by email to Avanvue. Once the membership is subscribed and the first payment is made, the Member receives a confirmation email.

2.1.4 The Member acknowledges that the features, content, and rates of the subscription plans mentioned in this section are subject to change. Members will be notified of any changes with thirty (30) days’ advance notice.

In the event of a change, the Member may choose to continue their subscription under the new terms or to cancel their subscription in accordance with the provisions set forth herein.

Continuing your subscription after receiving notification of the changes constitutes acceptance of the new terms and conditions.


2.2 Services Offered

2.2.1 The Services offered by Avanvue vary depending on the membership tier subscribed to by the Member, in accordance with the table in Article 2.1.2.

2.2.2 Avanvue undertakes to use all reasonable means to provide the described Services, as part of an obligation of means.

Avanvue is committed to offering its Members—based on their subscription plan—high-quality experiences, content, and networking opportunities through its network of Artists and partners.

However, to the extent permitted by applicable law, including the provisions of the Consumer Code, the Member expressly acknowledges and agrees that:

  • the introductions proposed by Avanvue depend in particular on the respective profiles, expectations, and availability of the Artists and Members, such that no guarantee can be given as to their realization;

  • Activities (meetings, visits, events, etc.) are organized based on opportunities and the availability of participants, and as such may need to be adjusted, rescheduled, or canceled;

  • early access to artworks is offered subject to availability and in accordance with the terms defined for each operation.

Consequently, and without prejudice to the mandatory rights granted to consumers by applicable law, Avanvue cannot be held to an obligation of result regarding the actual realization of introductions, the holding of a specific number of experiences, or access to a specific Artwork.


2.3 Specific provisions regarding the acquisition of an artwork


2.3.1 Regarding Buyers

2.3.1.1 Access to the acquisition of Artworks via Avanvue is open as a priority to Members with an active, paid membership corresponding to the "Curious" and "Insider" tiers, who benefit from a secure art acquisition service through Avanvue.

However, Avanvue may, at its discretion, authorize the acquisition of an Artwork to any third-party buyer who is not a Member or to a Member of the Discovery tier. In the event of interest in an Artwork presented on the platform by a Discovery Member or, more generally, by a non-Member third party, the latter must contact Avanvue to be informed of the acquisition conditions and, where applicable, the procedures for subscribing to a paid tier or validation as an authorized buyer. Any person acquiring an Artwork proposed via Avanvue, whether or not they hold an active, paid membership, is referred to in this Contract as the "Buyer".

It is specified that third-party Buyers are only authorized to acquire an artwork and do not benefit from the advantages, services, or advanced features reserved for Members of the Curious and Insider tiers.

2.3.1.2 The Member acknowledges the predominant role played by Avanvue in the development of the Artist and the dissemination of their Artwork, particularly within the club's network. In the context of acquiring an Artwork, the Member undertakes not to circumvent, directly or indirectly, Avanvue's intermediation role, notably by refraining from contracting, purchasing, or attempting to acquire an Artwork presented or made accessible via the platform directly from the Artist, without Avanvue's intervention, for the entire duration of their membership and for a period of twelve (12) months following receipt of the last newsletter sent by Avanvue, unless otherwise expressly agreed in advance by Avanvue.


2.3.2 Regarding Artworks

2.3.2.1 The acquisition of an Artwork is in any event subject to specific terms and conditions, notably due to the nature of the goods concerned (namely, artworks) and the payment of an additional price distinct from the subscription price, corresponding to the price of the Artwork all taxes included as communicated by Avanvue, to which transport and packaging costs may be added, calculated according to a scale by geographical zone and Artwork format, communicated to the Buyer before finalizing the purchase. Large formats are subject to a specific estimate.

2.3.2.2 Each Artwork offered for sale shall be clearly and completely identified by Avanvue, including: the artist's name, the title of the Artwork, the year of creation, the technique used, the dimensions, and the selling price all taxes included.

2.3.2.3 If the Artist issues certificates of authenticity and/or protocols, these unique documents will be transmitted in paper format by the Artist to the Buyer after full payment of the price of the Artwork by the latter or, exceptionally, by Avanvue to the Buyer.


2.3.3 Regarding Price and Taxes

2.3.3.1 The price of each Artwork is set jointly by Avanvue and the Artist. Unless otherwise stipulated, the price of the Artwork is indicated all taxes included, excluding delivery, packaging, insurance costs, and any associated logistical services.

Transport and packaging costs are borne by the Buyer. They are calculated according to a scale established based on the geographical delivery zone and the format of the artwork (small format up to 50 cm, medium format from 50 to 100 cm, large format above 100 cm), and communicated to the Buyer prior to finalizing the purchase. Large-format artworks or those requiring specialized packaging are subject to a specific quote communicated within forty-eight (48) hours following the order.


2.3.3.2 Location Presumptions.

To determine the applicable VAT regime for each sale, it is agreed that the artwork is delivered exclusively to the address of the professional Buyer or the residence of the Consumer Buyer, as declared upon ordering, except for in-person collection under the conditions of article 2.3.4.8. The Buyer guarantees the accuracy of this declaration and, if subject to VAT, the concordance between the State of delivery and the State that issued the VAT identification number provided.

No delivery is made to an address located in a State other than that of the Buyer's establishment or residence, barring prior written agreement from Avanvue. Such agreement may entail a modification of the applicable price and VAT regime, which are notified to the Buyer before order confirmation.


2.3.3.3 Applicable regime.

The VAT regime applicable to the sale of an artwork depends notably on the tax status of the Artist and the State of establishment or residence of the Buyer, as well as their status.

Depending on the case, the artwork is sold:

(a) under the profit margin scheme: VAT, calculated at the standard rate on the margin realized by Avanvue, is included in the price. VAT is not mentioned on the invoice, which bears the wording "Margin scheme – Works of art";

(b) under the general scheme: VAT is calculated on the total price, at the rate of 5.5% when the sale is taxable in France, or at the rate applicable in the State of delivery when required by law.


2.3.3.4 Buyers established or residing in France.

Prices are expressed all taxes included (inclusive of VAT), according to the regime mentioned in 2.3.3.3.


2.3.3.5 Buyers established or residing in another Member State of the European Union.

When the Buyer is subject to VAT and communicates a valid VAT identification number issued by their State of establishment, prices are quoted excluding taxes. Delivery is exempt from VAT in France, with the Buyer settling the VAT due in their State. Failing communication of a valid number, French VAT is invoiced under the conditions provided in 2.3.3.3.

When the Buyer is a consumer, VAT, calculated at the standard rate on the margin realized by Avanvue, is included in the price. VAT is not mentioned on the invoice, which bears the wording "Margin scheme – Works of art".


2.3.3.6 Buyers established or residing outside the European Union.

The invoice issued by Avanvue is not subject to VAT once the Artist exports the artwork from their State of establishment. The Buyer acts as the importer in their State of establishment or residence.


2.3.3.7 Artists established outside the European Union.

The artwork is shipped directly from the Artist's State of establishment to the State of the Buyer's domicile. The invoice issued by Avanvue is not subject to VAT. The Buyer acts as the importer in their State of establishment or residence.


2.3.3.8 Import duties and taxes.

In the cases referred to in 2.3.3.6 and 2.3.3.7, import duties, taxes, and fees are the exclusive responsibility of the Buyer and cannot be subject to any reimbursement from Avanvue.


2.3.3.9 Reassessment of the applied regime.

If the applied VAT regime is called into question due to the Buyer, Avanvue may invoice the corresponding VAT, as well as any interest and penalties incurred. This applies in particular to an inaccurate declaration of establishment, residence, or status, an invalid VAT number, a lack of supporting documentation, or re-shipment of the artwork.

2.3.3.10 Each sale shall give rise to the issuance of a detailed invoice provided to the Buyer, which may include the price of the artwork as well as delivery, packaging, insurance, and any associated logistical services.

The invoice constitutes the summary document of the transaction and shall mention in particular: the designation of the sold artwork, the name of the Artist, the selling price all taxes included (inclusive of VAT), the applicable VAT (subject to the provisions of this article), any additional fees, payment terms, delivery methods, as well as a reminder that the acquisition of the artwork does not entail any transfer of intellectual property rights or copyright attached thereto, barring contrary written agreement.

These General Terms of Sale constitute the general framework applicable to sales made through Avanvue, while the invoice sets out the specific conditions of each transaction concluded with the Buyer.

2.3.3.11 Unless otherwise indicated, payment is made by bank transfer in euros to the Avanvue account whose banking details are indicated on the invoice, within ten (10) days of receipt of the invoice.

2.3.3.12 All bank charges, particularly in the case of an international transfer, are the exclusive responsibility of the Buyer. Avanvue shall not bear these costs. Where applicable, any fees unduly borne by Avanvue must be reimbursed without delay by the Buyer.


2.3.4 Regarding the transfer of ownership and risks

2.3.4.1 The sale of the artwork is only deemed complete and final upon receipt by Avanvue of full payment of the price by the Buyer. Until full payment has been received, the artwork remains the property of the Artist and cannot be considered acquired by the Buyer.

The artwork will only be shipped or handed over to the Buyer after confirmation of actual receipt of full payment by Avanvue.

In the event of persistent default in payment, and after a formal notice remains unheeded for a period of fifteen (15) business days, Avanvue may terminate the order.


2.3.4.2. Determining delivery fees

When a Buyer expresses the wish to acquire an artwork, they communicate to Avanvue the address to which they wish it to be delivered.

Based on this address, the fees required for the preparation, packaging, and transport of the artwork are determined prior to the final confirmation of the order.

The amount of these fees is communicated to the Buyer and is added to the selling price of the artwork. The total amount payable by the Buyer, including the selling price of the artwork and the applicable delivery fees, is thus communicated to them before the final confirmation of their order.

The shipment of the artwork takes place only after Avanvue has received payment of all sums due by the Buyer.


2.3.4.3. Shipping terms

When the Buyer is established in France and the delivery of the artwork takes place in France, the artwork is, unless otherwise indicated by Avanvue, shipped directly by the Artist to the address provided by the Buyer.

The Artist is responsible for the preparation, packaging, and conditioning of the artwork. They choose the carrier and organize the collection and shipment of the artwork.

When the Buyer is established in a Member State of the European Union other than France or in a third country outside the European Union, the artwork may, according to the terms determined by Avanvue, either be shipped directly by the Artist to the Buyer, or be previously forwarded by the Artist to Avanvue or any other address designated by the latter in France, before being forwarded to the Buyer.

In the latter scenario, the Artist organizes the first transit of the artwork to the address indicated by Avanvue in France. Upon receipt of the artwork, Avanvue organizes its second transit to the Buyer's address.

The costs corresponding, as the case may be, to the direct transport of the artwork or to its two successive transports are included in the delivery fees previously communicated to the Buyer in accordance with Article 2.3.4.2.


2.3.4.4. Delivery tracking

Avanvue communicates to the Buyer, as soon as it is available, the tracking number of the shipment and enables them to track the transit of the artwork until delivery.

When shipment is organized directly by the Artist, the latter provides Avanvue with the information necessary to track the delivery. Avanvue acts as the interface with the Buyer and assists the Artist, where applicable, in their procedures with the carrier in the event of difficulties affecting shipment or delivery.

2.3.4.5 The transfer of risks occurs upon actual delivery of the artwork to the Buyer, materialized by the signature of the delivery receipt or any equivalent document provided by the carrier at Avanvue's request or, in the case of in-person collection, by the signature of the collection receipt provided for in article 2.3.4.8. From this receipt, the Buyer bears the risks associated with the acquired artwork.

2.3.4.6 The Buyer undertakes to check the condition of the artwork upon receipt and to make any precise and reasoned reservations with the carrier at the time of receipt, and then to inform Avanvue as soon as possible. Prompt notification facilitates the implementation of insurance and recourse procedures, without depriving the consumer Buyer of their legal warranty rights. Avanvue acts as the coordinator for the claim with the relevant third parties, handles the refund or replacement of the artwork with the Buyer in accordance with its legal obligations, and then turns against the Artist or the carrier, where applicable, depending on the origin of the damage.

2.3.4.7 Avanvue may, with the prior consent of the Buyer, communicate certain information regarding the destination or conservation of the artwork to the Artist, to the strict extent necessary for the artistic, administrative, or logistical follow-up of the sale, and in accordance with applicable personal data protection regulations.

2.3.4.8 In-person collection. When the Buyer resides or is established in France, and the artwork is located in Paris or the Île-de-France region at the time of sale, notably during an event organized by Avanvue or when the Artist has their studio there, the Buyer may, with Avanvue's agreement, collect the artwork in person, at a date and location in Paris or the Île-de-France region agreed upon with Avanvue. No delivery fees are charged in this case. In all other cases, the artwork is delivered under the conditions of articles 2.3.4.2 and 2.3.4.3.

Delivery shall take place only after full payment of the price has been received, in accordance with article 2.3.4.1. It shall give rise to the signing by the Purchaser of a delivery receipt, which constitutes the transfer of risk within the meaning of article 2.3.4.5. For the application of article 2.3.3.2, the artwork is deemed to be delivered in France.


2.3.5 Intellectual property

2.3.5.1 It is expressly reminded that the Artist remains the sole holder of the intellectual property rights attached to the artworks offered for sale via Avanvue.

2.3.5.2 The sale or acquisition of an artwork in no way entails the assignment of the intellectual property rights attached to said artwork, which remain fully and entirely the property of the Artist, unless otherwise stipulated in writing directly concluded with them.

2.3.5.3 It is also reiterated that pursuant to legal provisions relating to the resale right (droit de suite), the Artist or their beneficiaries may, upon certain subsequent resales of the artwork involving an art market professional, benefit from a percentage of the resale price when the legal conditions are met.

However, Avanvue does not provide permanent monitoring of artworks after their initial sale and cannot be held responsible for future resales carried out outside of its intervention.


ARTICLE 3 – PAYMENT TERMS FOR MEMBERSHIP

3.1 Membership in the Services offered by Avanvue is subject to payment of the price corresponding to the subscription plan chosen by the Member, which may be free of charge or paid, under the conditions defined below:

  • Discovery tier: Free

  • Curious tier: twenty-nine (29) € / month or two hundred and ninety (290) € / year (two months free)

  • Insider tier: ninety-seven (97) € / month or eight hundred and seventy (870) € / year (three months free)

It is specified that memberships are services subject to standard VAT at 20% when Members are not subject to VAT. Services will be invoiced without VAT in exceptional cases where Members are subject to VAT and established outside France, whether they are located in another Member State or in a third country outside the European Union.

3.2 When signing up for a paid subscription plan, the Member provides their payment information—including their bank account details—via Stripe, the secure payment service provider used by Avanvue.

The subscription gives rise to monthly or annual automatic direct debits, depending on the option chosen by the Member, carried out via this service provider (specifically Stripe, it being specified that Avanvue is free to enlist the services of an equivalent provider), according to the chosen plan. The annual payment option offers a preferential rate: two months free for the Curious plan, three months free for the Insider plan.

As such, the Member expressly authorizes Avanvue, through its payment service provider, to debit the associated payment method each month on the anniversary date of the subscription for the amount corresponding to the chosen plan, and this until the termination of their subscription under the conditions provided for in these general terms and conditions of sale.

3.3 In the event of a rejected direct debit, payment incident, or lack of funds, Avanvue shall inform the Member by any useful means and invite them to regularize their situation within a reasonable timeframe. Failing regularization within this timeframe, Avanvue reserves the right to suspend, as of right and without notice, access to the Services until the situation is regularized by the Member. It shall inform the Member thereof as soon as possible.

3.4 The Member may cancel their subscription at any time under the conditions set out in Article 9 of these Terms and Conditions. Any started subscription period remains due in full (namely, the current month) and will not give rise to any refund, unless otherwise provided by law or expressly stipulated herein.


ARTICLE 4 – RIGHT OF WITHDRAWAL FOR CONSUMER MEMBERS

4.1 Consumer Members have fourteen (14) days from the date they sign up for their subscription to exercise their right of withdrawal, without having to provide a reason for their decision or incur any costs other than those provided for by law.

To exercise this right, the Member must notify Avanvue of their decision to withdraw by any written means, notably by electronic mail.

4.2 Specifically with regard to the purchase of works of art, the consumer-buyer also has a period of fourteen (14) days to exercise his or her right of withdrawal, in accordance with the provisions of the Consumer Code.

However, pursuant to Article L221-28(3) of the Consumer Code, the right of withdrawal does not apply to works created according to the consumer’s specifications or that are highly personalized, namely custom-made works.

4.3 In the event of withdrawal, the consumer Purchaser shall return the artwork at their own expense and under their own responsibility, no later than fourteen (14) days after communicating their decision, to the address indicated by Avanvue, in packaging providing protection equivalent to the original packaging. Dispatch with tracking and insurance up to the value of the artwork is recommended. When the artwork, due to its format, cannot be returned by post, the estimated cost of its return is communicated to the Purchaser before the conclusion of the sale.

Avanvue shall reimburse all sums paid, including initial delivery costs, with the exception of additional costs resulting from the Purchaser's express choice of a more expensive delivery method than the standard method offered. The reimbursement shall take place within fourteen (14) days from the recovery of the artwork or the receipt of proof of its shipment, using the same payment method as that used by the Purchaser, unless otherwise agreed by them.

The Purchaser shall be liable for any depreciation of the artwork resulting from handling other than that necessary to establish its nature and characteristics.

4.4 However, if the consumer Member has expressly requested immediate performance of the Services before the end of the withdrawal period, the Member acknowledges and agrees that their right of withdrawal may be affected with respect to the portion of the Services that has already been fully performed, in accordance with applicable law.


ARTICLE 5 – WARRANTIES


5.1 Avanvue Guarantees

5.1.1 Avanvue undertakes to provide the Services with diligence and on a best-efforts basis. In accordance with applicable legal provisions, Avanvue guarantees the compliance of the Services with the agreed characteristics and ensures their proper execution with regard to the consumer Member, under the conditions provided for in articles L. 217-4 et seq. and L. 221-15 of the Consumer Code.

As such, Avanvue guarantees:

  • take all reasonable measures necessary to provide the Services offered as part of the subscription plan selected by the Member;

  • ensure access to the editorial content, information, and features provided as part of the membership, subject to technical and operational constraints;

  • select and propose artists and events within its network, without, however, guaranteeing their availability or actual participation;

5.1.2 Avanvue does not guarantee the realization of introductions, the holding of events, or access to a specific artwork, as these elements depend on external factors beyond its control, subject to compliance with the legal guarantees of conformity and proper execution provided for by the Consumer Code for the benefit of the consumer Member.

5.1.3 Specifically regarding the acquisition of works of art, Avanvue guarantees that it acts as an intermediary, under the conditions provided for in Article 2.3 of these general terms and conditions of sale. In particular, Avanvue ensures delivery tracking and assists the Artist in the event of transport-related difficulties. The material organization of the shipment, notably the choice of carrier, the packaging of the artwork, its conditioning, and its handover to the carrier, falls under the responsibility of the Artist under the conditions provided for in articles 2.3.4.2 and 2.3.4.3.

This distribution of obligations between Avanvue and the Artist is without prejudice to the mandatory legal provisions applicable with regard to the Member having the status of a consumer, notably those relating to the professional's liability and the transfer of risk.

When these provisions require Avanvue to be liable to the Member for the loss, damage, deterioration, or delay affecting the artwork prior to its delivery to the Member, Avanvue retains any recourse against the Artist, the carrier, or any other responsible third party.

5.1.4 Avanvue under no circumstances guarantees any capital gain, profitability, future resale, or financial valuation of the artworks acquired via the Services. The Member acknowledges that the acquisition of an artwork stems from a subjective, artistic, and patrimonial approach, independent of any promise of economic outcome.


5.2 Member Guarantees

5.2.1 The Member guarantees Avanvue that they will:

  • be of legal age and have the full legal capacity required to sign up for membership and use the Services;

  • provide accurate, complete, and up-to-date information when creating an account and throughout the user's use of the Services;

  • use the Services in accordance with their intended purpose, these Terms and Conditions, and applicable laws and regulations;

  • refrain from any behavior likely to harm Avanvue, the Artists, other Members, or third parties intervening within the framework of the Services;

  • comply with the applicable financial conditions, in particular the payment of subscriptions and acquired artworks within the agreed timeframes;

  • assume full responsibility for the information transmitted, exchanges carried out, and decisions made within the framework of the introductions or acquisitions carried out via Avanvue.

5.2.2 The Member guarantees Avanvue against any claim, action, or demand originating from third parties resulting from a breach of these obligations.


5.3 Artist Guarantees

Avanvue has concluded a representation contract with the Artist in which the latter:

  • guarantees that the artworks were created by their own hand and that they are original; that the information relating to the artwork (title, technique, dimensions, year, description, etc.) provided through Avanvue is correct and compliant; that the artworks do not infringe the rights of any third party and in particular that they do not constitute counterfeits nor can they be qualified as acts of parasitism; guarantees to be the sole holder of the rights pertaining to the artworks;

  • declares that he is the sole owner of the physical artworks he offers for sale on Avanvue. The Artist guarantees that their artworks are free of any lien or encumbrance and indemnifies Avanvue and the Purchaser against any claims, demands, actions, evictions, or related damages, particularly in the event of intellectual property infringement or lack of information;

  • also undertakes responsibility for the preparation, packaging, and conditioning of the artwork, carried out appropriately and in compliance with the standards necessary for its transport.


ARTICLE 6 – LIMITATION OF LIABILITY

When applicable, particularly in the presence of a Member who is a consumer, Avanvue is directly liable to them for the proper performance of the obligations resulting from the contract, whether these obligations are performed by Avanvue or by other service providers, under the conditions set out in Article L. 221-15 of the French Consumer Code.

However, Avanvue may be released from all or part of its liability by providing proof that the non-performance or improper performance of the contract is attributable to the Member, to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

Subject to these provisions and any other mandatory legal provisions applicable, Avanvue shall not be held liable when the non-performance, partial performance, or improper performance of its obligations results in particular from:

  • an error, omission, inaccuracy, or negligence attributable to the Member, particularly in providing the information necessary for membership, creating an account, or accessing the Services;

  • the Member’s failure to comply with its contractual obligations or these Terms and Conditions;

  • use of the Services in a manner inconsistent with their intended purpose or these Terms and Conditions;

  • a case of force majeure as defined by French law and case law, or the unforeseeable and insurmountable act of a third party, under the conditions provided by law;

  • services, provisions, or actions carried out by third parties, notably Artists, participants, or partners, within the framework of the proposed events, experiences, or introductions, except in cases provided for by law;

  • the failure of introductions between Artists and Members to materialize, as these depend in particular on availability, affinities, and exchanges between the parties concerned, without Avanvue being bound by an obligation of result in this regard;

The provisions of this article shall not have as their object or effect the exclusion or limitation of the rights granted to the consumer Member under applicable mandatory legal provisions.


ARTICLE 7 – COMMUNICATION

7.1 The Member undertakes, in accordance with the Artist's moral rights and notably the right of paternity, to systematically mention the Artist's name in any public communication concerning an artwork, experience, or associated content.

7.2 Furthermore, the Member agrees, under the same conditions, that whenever he or she communicates publicly—in any form whatsoever (including on social media, in the press, at events, or in any editorial or promotional content)—regarding his or her participation in the Services, events organized by Avanvue, or experiences offered by Avanvue, he or she will mention Avanvue clearly and appropriately.

Similarly, in the event of the acquisition of an artwork via Avanvue, the Member also undertakes, when making this acquisition public, to mention Avanvue as the intermediary for the introduction, in a reasonable manner and appropriate to the communication medium used.


ARTICLE 8 – CONFIDENTIALITY

8.1 The Member acknowledges that the content to which they have access is reserved for strictly personal and non-transferable use, and that any unauthorized disclosure is likely to incur their contractual liability toward Avanvue.

8.2 In this regard, the Member also agrees to uphold a strict duty of confidentiality regarding the Services to which they have access as part of their membership and expressly agrees not to disclose, transmit, share, reproduce, or make available to any third party, in any manner whatsoever, any content, information, or material to which they have access through the Services, including, but not limited to:

  • the editorial and exclusive content offered by Avanvue (including newsletters, Artist selections, curatorial information);

  • information relating to artworks offered in preview or reserved for Members;

  • the terms of access to events, experiences, and introductions organized by Avanvue;

  • any non-public information disclosed in connection with membership.

8.3 This confidentiality obligation applies throughout the term of membership and remains in effect for a period of five (5) years following its termination, for any reason whatsoever.

8.4 It is specified, however, that this confidentiality obligation does not apply when disclosure is required by law, by an administrative or judicial authority, or for the exercise of the right of defense or proof in the context of a dispute between the Member and Avanvue.


ARTICLE 9 – MEMBERSHIP TERM AND TERMINATION

9.1 The membership takes effect on the date of confirmation of the subscription by email sent to the Member and of the first payment. It is concluded for an initial duration of one (1) month for the monthly plan, or one (1) year for the annual plan, and is subsequently renewed by tacit agreement for successive periods of the same duration, unless terminated under the conditions of Article 9.2. For the annual plan, Avanvue shall inform the consumer Member in writing (via a dedicated email), at least three (3) months and at most one (1) month before the end of the period authorizing the rejection of the renewal, of the possibility not to renew the contract.


9.2 Termination

9.2.1 The Member may terminate their membership at any time and without reason.

9.2.2 Online: from their account on the site, using the "Cancel subscription" function. Before confirming, a window informs the Member of the date from which they will no longer have access to the Services.

9.2.3 By email: by writing to contact@avanvue.com.

9.2.4 Avanvue confirms the cancellation by email and informs the Member that their access is maintained until the end of the already paid subscription period, without any further debit.

9.2.5 Termination takes effect at the end of the current subscription period. The Member retains access to the Services until this date. Any started period remains due and will not give rise to any refund, barring legal provisions to the contrary, notably Article 4 (right of withdrawal).

9.3 Avanvue reserves the right to suspend or terminate, as of right and without compensation, the Member's access to the Services in the event of:

  • violation of these general terms and conditions of sale;

  • provision of inaccurate, incomplete, or fraudulent information;

  • behavior likely to undermine the proper functioning of the club, its image, or its members;

  • failure to comply with payment obligations.

Except in cases of emergency or fraud, suspension or termination may only take place after sending the Member a formal notice specifying the alleged breach and granting them a reasonable period to remedy it. Failing regularization within this period, Avanvue may notify the Member, on any durable medium, of the suspension or termination, indicating the reasons for its decision. The suspension or termination shall be without prejudice to the Member's right to contest the measure.

9.4 The termination of membership, for any reason whatsoever, does not affect obligations arising prior to its taking effect, which remain fully applicable until they are extinguished.


ARTICLE 10 – INTELLECTUAL PROPERTY

10.1 All content produced, distributed, or made available by Avanvue, regardless of the medium or method of distribution—including on the website, in newsletters, on social media, in electronic communications, in event materials, or in any other editorial content—is protected by applicable intellectual property law.

These elements include in particular, without this list being exhaustive, texts, graphics, logos, images, photographs, videos, databases, editorial creations, as well as the general structure of the site and all content produced by Avanvue, it being specified that when rights are held by the Artist (for example, photographs of the Artworks), Avanvue has taken care to obtain the rights associated with the Artworks.

10.2 Any reproduction, display, modification, adaptation, translation, distribution, or use—in whole or in part—of the materials referred to in Article 10.1, on any medium whatsoever and by any means whatsoever, without the prior written authorization of Avanvue, is strictly prohibited.

Any violation of this Article may constitute an act of infringement, for which the perpetrator may be held civilly and criminally liable, in accordance with the provisions of the Intellectual Property Code.

10.3 Members undertake to respect these rights and not to infringe upon protected elements, under penalty of legal proceedings. Avanvue reserves the right to take any appropriate measure, including initiating legal action, in the event of infringement of its intellectual property rights.


ARTICLE 11 – PERSONAL DATA

11.1 Avanvue places special importance on the protection of its Members' personal data.

11.2 The terms and conditions for the collection, processing, and storage of this data are detailed in the privacy policy (hereinafter the "Privacy Policy"), accessible at the following address: avanvue.com/politique-de-confidentialite


ARTICLE 12 – SEVERABILITY AND NON-WAIVER

12.1 If any provision of the Terms and Conditions were to be declared null and void or invalid pursuant to a statutory or regulatory provision or a final court decision, it would be deemed unenforceable; however, such nullity or invalidity would not affect the other provisions, which shall remain in full force and effect.

12.2 The fact that Avanvue does not avail itself of a breach by the Member of any of their contractual obligations or of any of the clauses of the Terms of Sale shall not be interpreted as a waiver of the right to do so.


ARTICLE 13 – FORCE MAJEURE

Pursuant to Article 1218 of the French Civil Code, the performance by Avanvue of all or part of its obligations shall be suspended in the event of the occurrence of an event constituting force majeure within the meaning of Article 1218 of the French Civil Code.


ARTICLE 14 – CLAIMS AND AMICABLE SETTLEMENT OF DISPUTES

For any difficulty, the Member is invited to contact Avanvue at the following address:

Saliha Sidi Said

36 rue Scheffer, 75116 Paris

contact@avanvue.com

+33 6 32 76 46 40


ARTICLE 15 – MEDIATION PROCEDURE FOR THE BENEFIT OF THE CONSUMER MEMBER

15.1 In the event of a dispute that Avanvue and the consumer Member fail to resolve amicably and pursuant to the provisions of Articles L. 612-1 and following of the French Consumer Code, the consumer Member has the right to resort to a mediator in the event of a dispute. They may, at their own expense, be assisted by legal counsel in this procedure.

15.2 Avanvue is a member of CM2C – https://www.cm2c.net – CM2C, 49 rue de Ponthieu, 75008 Paris – contact@cm2c.net – 01 89 47 00 14

15.3 At the European level, the consumer member may consult the website http://ec.europa.eu/consumers/odr/ to select the mediator of their choice.


ARTICLE 16 – GOVERNING LAW AND JURISDICTION

16.1 The Terms and Conditions constitute a contractual agreement governed by French law, to the exclusion of any other foreign law or European or international convention.

16.2 Failing an amicable resolution and, where applicable, in the event of failure of the mediation set out in Article 15 of these Terms and Conditions of Sale, any dispute arising from the validity, interpretation, or execution of these terms shall fall under the exclusive jurisdiction of the courts within the jurisdiction of Paris, notwithstanding multiple defendants or third-party claims, without prejudice to public policy provisions governing jurisdictional competence regarding consumer members.

16.3 With respect to consumer Members, no provision herein shall deprive the consumer of the right to bring a claim, at his or her discretion, before the court of the place where he or she resided at the time the contract was concluded or the harmful event occurred, in accordance with applicable public policy provisions.