1. presentation of the site.
In accordance with article 6 of law no. 2004-575 of 21 june 2004 on confidence in the digital economy, users of the www.nexeart.com website are informed of the identity of the various parties involved in its creation and monitoring:
Owners: nolan- frederick darmon – sarl nexeone capital rcs 88047254300011 – 93 rue cardinet, 75017 paris
Creator: grandgraph agency
Responsible for publication :
nolan- frederick darmon or email@example.com
the person responsible for publication is a natural person or a legal entity.
Webmaster: nolan -frederick darmon – firstname.lastname@example.org
host: ionos 1&1 ionos sarl located at 7 place de la gare, 57201 sarreguemines
the legal notices were generated and offered by subdelirium legal notice generator
2. General presentation
in its capacity as an online consultancy operator, artoutprix by nexeart capital, owned by sarl nexeone capital, offers consultancy and expertise services for the purchase of works of art. these services do not constitute an electronic auction.
Each individual or legal entity using the artoutprix and nexeart capital services declares and acknowledges that :
– They are of legal age and have full legal capacity to commit themselves under these general conditions;
– That they have the technical skills required to use the artoutprix.com site properly;
– That if he/she is acting as a consumer, he/she has specific rights, which he/she does not have if he/she is acting as a professional.
– To have all the information necessary for the proper use of the nexeart.com website and to have full knowledge of the characteristics of the services offered.
For his or her own information, the user of the nexeart.com website has the option of saving and printing these general conditions of use if he or she so wishes.
3. General conditions of use of the site and the services offered.
Use of the www.nexeart.com by nexeart capital website implies full acceptance of the general conditions of use described below. these conditions of use may be modified or supplemented at any time, and users of the site www.nexeart.com are therefore invited to consult them regularly.
This site is normally accessible to users at all times. however, nolan-frederick darmon may decide to interrupt the site for technical maintenance purposes. the website www.nexeart.com is regularly updated by nolan-frederick darmon.
Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to read them.
4. Description of the services provided.
The purpose of the www.nexeart.com website is to provide information about all of the company’s activities.
NolanF Darmon will endeavour to provide information on the www.nexeart.com website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether these are its fault or that of third-party partners who provide it with this information.
All information on the www.nexeart.com website is given for information purposes only and is subject to change. Furthermore, the information on the www.nexeart.com website is not exhaustive. it is given subject to modifications having been made since it was put online.
5. Contractual limitations on technical data.
The website cannot be held responsible for any material damage linked to the use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment and with a last-generation updated browser.
6. Intellectual property and counterfeiting.
Nolan F Darmon is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logos, icons, sounds, software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorisation of Nolan F Darmon.
Any unauthorised use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles l.335-2 et seq. of the intellectual property code.
7. Limitations of liability.
Nolan F Darmon cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the site www.nexeart.com , and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Nolan F Darmon cannot be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the www.nexeart.com website.
interactive areas (possibility of asking questions in the contact area) are available to users. Nolan F Darmon reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in france, in particular the provisions relating to data protection. where applicable, Nolan F Darmon also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
8. Management of personal data.
in France, personal data is protected by the law n° 78-87 of january 6, 1978, the law n° 2004-801 of august 6, 2004, the article l. 226-13 of the penal code and the european directive of october 24, 1995.
When using this website, www.nexeart.com may collect: the url of the links through which the user accessed the www.nexeart.com website, the user’s access provider, the user’s internet protocol (ip) address.
in any case, Nolan F Darmon only collects personal information relating to the user for the purpose of certain services offered by the www.nexeart.com website. the user provides this information with full knowledge of the facts, in particular when he/she enters it. it is then specified to the user of the site www.nexeart.com whether or not they are required to provide this information.
in accordance with the provisions of articles 38 and following of law 78-17 of 6 january 1978 relating to data processing, files and freedoms, any user has the right to access, rectify and oppose personal data concerning him/her, by making a written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the reply should be sent.
No personal information of the user of the website www.nexeart.com is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. only the assumption of the repurchase of Nolan F Darmon and its rights would allow the transmission of the aforementioned information to the eventual purchaser who would in turn be held to the same obligation of conservation and modification of the data with respect to the user of the site www.nexeart.com
The site is not declared to the cnil as it does not collect personal information.
The databases are protected by the provisions of the law of 1 july 1998 transposing directive 96/9 of 11 march 1996 on the legal protection of databases.
9. Hypertext links and cookies.
The website www.nexeart.com contains a number of hyperlinks to other sites, set up with the authorisation of nolan f darmon. however, Nolan F Darmon is not in a position to check the content of sites visited in this way, and consequently assumes no responsibility in this respect. Browsing the www.nexeart.com website may result in the installation of cookie(s) on the user’s computer. A cookie is a small file which does not allow the user to be identified, but which records information relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of frequentation.
Refusing to install a cookie may make it impossible to access certain services. However, the user can configure his computer as follows to refuse the installation of cookies:
in internet explorer: tool tab (pictogram in the shape of a cog at the top right) / internet options. Click on confidentiality and choose block all cookies. validate with ok.
Under firefox: at the top of the browser window, click on the firefox button, then go to the options tab. Click on the privacy tab.
Set the retention rules to: use custom settings for history. finally uncheck it to disable cookies.
In safari: click on the menu icon (symbolised by a cog) at the top right of the browser. Select settings. Click on show advanced settings. in the “privacy” section, click on “content settings”. In the “cookies” section, you can block cookies.
In chrome: click on the menu icon (symbolised by three horizontal lines) at the top right of the browser. select settings. Click on show advanced settings. In the “privacy” section, click on preferences. In the “privacy” tab, you can block cookies.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the www.nexeart.com website is subject to french law. Exclusive jurisdiction is given to the competent courts of paris.
11. The main laws concerned.
Law n° 78-17 of 6 january 1978, notably modified by law n° 2004-801 of 6 august 2004 relating to information technology, files and freedoms.
Law n° 2004-575 of 21 june 2004 for confidence in the digital economy.
User: internet user connecting to and using the above-mentioned site.
“my account”: environment accessible via the internet to the user who has registered on the www.nexeart.com website. this private account is a reserved and confidential space.
sellers: sellers on nexeart.com can be of any kind: individuals, artists, art market professionals, associations, companies or governmental organisations wishing to find buyers for their works.
Partners: asset management advisors, financial investment advisors, gallery owners, art market professionals, companies, individuals, artists who help find works and buyers and subscribers to the nexeart offer.
Personal information: “information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of 6 january 1978).
13. Personal data
This model will be completed at a later date by information concerning the directives relating to the fate of personal data after death (article 32-i-6° of the amended law of 6 january 1978).
The information collected on this form is recorded in a file used by artoutprix.com to manage our customers.
Tt is kept for 2 months and is intended for the sales department established in France.
in accordance with the french law on information technology and civil liberties, you may exercise your right to access and rectify your personal data by contacting nolan f darmon, email@example.com.
We would like to inform you of the existence of the “bloctel” list of opposition to telephone canvassing, on which you can register here: https://conso.bloctel.fr/.
14. Other points
14.1 User registration on the site
It is specified that in order to benefit from a private account and services offered by nexeart capital, it is necessary to register in the section dedicated to this purpose.
The registration form for a user includes information about the user. The information provided by the new user as part of the registration process must be accurate, complete and up-to-date.
for all modifications and updates of information concerning the user, the user may proceed via the “my personal information” section.
Once the account has been created, the user will be able to perform numerous actions on the site: Request the registration of a work, make a purchase offer for a work in the nexeart capital catalogue, make changes to his or her information, participate in negotiations and message exchanges, find his or her contracts and invoices, list his or her favorite works, be notified of changes in the price of a work, request a modification to a work that has been put online.
The user must ensure that he/she is the only one to have access to the e-mail address he/she chose when registering on the site. In this respect, he/she remains solely responsible for the preservation, conservation and confidentiality of his/her password and any confidential data provided by nexeart capital.
It is understood that the use of a password on the www.nexeart.com site is presumed to have been carried out by and under the responsibility of the user to whom it belongs.
Account holders may, if they wish, change their password or email address in the “my personal information” section.
In the event of abusive or fraudulent use or disclosure to a third party of these identifiers and/or passwords, nexeart capital cannot be held responsible or liable.
The use of an account on the nexeart.com website is private, and the account holder may not assign, sub-license or transfer his/her rights as a user.
14.2 Requesting an estimate and appraisal
The applicant acknowledges that he/she is over 18 years of age and is the owner of the work of art that he/she wishes to have appraised and valued by nexeart capital.
To do so, the seller contacts nexeart capital via the contact messaging system available on www.nexeart.com and must create an account by providing his or her contact details so that nexeart capital can contact him or her again.
The use of the nexeart capital service implies unreserved acceptance of these general conditions. All kinds of people can request an estimate and expertise: individuals, professionals or any type of organisation.
The advice given by the experts of nexeart capital by nexeone capital is given for a fee or, exceptionally, free of charge. consequently, the results of the research carried out by nexeart capital must not, under any circumstances, be considered as a certificate of authenticity or any other document that could be analysed as such.
When requesting an appraisal, the user does not undertake to sell the work that is the subject of the request.
If the user wishes to put the work up for sale, he/she may explicitly request this from nexeart capital.
Throughout the “appraisal request” contact for a work, nexeart capital provides advice to optimise the quality of the visuals and information provided. as a result, if this advice is not followed, the appraisals may be revised downwards.
NexeArt capital reserves the right to refuse an estimate and/or valuation without having to justify its refusal.