TERMS OF USE

Preamble

The company MURMUSE, a simplified joint-stock company with a share capital of 1000 euros, registered with the Annecy Trade and Companies Register under number 991 438557, whose registered office is located at 3 Avenue des Romains, 74000 Annecy, has developed and operates an online platform called "Murmuse".

MURMUSE can be contacted at the following coordinates:

• Postal address: 3 avenue des Romains 74000 Annecy
• Email address: hello@murmuse.art

MURMUSE offers, through its Platform, a connection service between Artists, Establishments and Art Lovers in order to:

• reference, exhibit, search and find Exhibition Venues to showcase Artworks ;
• sell and buy an Artwork.

These Terms of Use ("TOU") aim to determine:

• the conditions and methods of using the Platform ;
• the respective obligations of MURMUSE and the User.

ARTICLE 1 – DEFINITIONS

Terms beginning with a capital letter in the TOU have the meaning given in their context or as defined below, whether used in singular or plural:

ARTICLE 2 – SCOPE OF APPLICATION – ACCEPTANCE – MODIFICATIONS

2.1 Acceptance

These TOU apply in full to any User wishing to access and register on the Platform and/or benefit from the Services. The fact of registering on the Platform and using the Services implies the User's full and unreserved adherence to the TOU.

2.2 Modifications

MURMUSE reserves the right to modify all or part of the TOU at any time. The User will be informed of the modification by a notification on the Platform. The new version of the TOU will be deemed accepted by the User as soon as they continue their navigation and/or subsequent use of the Platform.

2.3 Divisibility

In the event that one of the clauses of the TOU becomes null due to a change in legislation, regulation or by a court decision, this could in no way affect the validity and compliance of the other clauses of the TOU.

ARTICLE 3 – CONDITIONS FOR ACCESS TO SERVICES

The Platform and Services are accessible to:

• toute personne physique âgée d'au moins 18 ans et disposant de la pleine capacité juridique pour s'engager au titre des CGU ;
• toute personne morale agissant par l'intermédiaire d'une personne physique disposant du pouvoir ou de l'habilitation requise pour contracter au nom de l'Utilisateur et pour son compte.

ARTICLE 4 – REGISTRATION AND USE

4.1 Registration

To access the Platform and Services, the User must create a free Account via the registration form available on the Platform by providing the information marked as mandatory.

4.2 Accuracy of information

The User undertakes to provide accurate information and to update it in case of modification. The accuracy of the information provided is particularly important for the proper execution of Services.

4.3 Confidentiality

The email address and password are strictly personal and confidential. The User is solely responsible for the use of their identification elements.

ARTICLE 5 – DESCRIPTION OF SERVICES

5.1 Proposed services

MURMUSE offers a connection service between Users aimed at facilitating the promotion and sale of Artworks. MURMUSE is not a party to the contractual relationship that exists between Users.

5.2 Moderation

MURMUSE performs a priori moderation of Content published by Users before it goes online on the Platform.

5.3 Payments

All payments made through the Platform are managed by Stripe. The User must contract directly with Stripe by creating a separate account and accepting its own general terms and conditions.

ARTICLE 6 – FINANCIAL CONDITIONS

6.1 Sales commissions

In case of sale of an Artwork, MURMUSE takes the following commissions:

These commissions are automatically deducted during the sale transaction. The Artist receives the balance after deduction of commissions and any PSP processing fees.

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with the provisions of the Consumer Code, the Art Enthusiast with consumer status has a withdrawal period of 14 days from receipt of the Artwork to exercise their right of withdrawal without having to justify reasons or pay penalties.

Return costs are borne by the Art Enthusiast. The Artwork must be returned in its original condition and in its original packaging when it exists.

ARTICLE 8 – OBLIGATIONS AND RESPONSIBILITIES

8.1 User obligations

The User undertakes to:

• fournir des informations exactes et complètes ;
• utiliser les Services conformément aux lois en vigueur et aux CGU ;
• ne pas détourner les Services à des fins illégales ou frauduleuses ;
• respecter les droits de propriété intellectuelle des tiers ;
• adopter un comportement respectueux envers les autres Utilisateurs.

8.2 MURMUSE responsibility

MURMUSE acts as a connection intermediary and cannot be held responsible for relationships between Users. In case of dispute between Users, MURMUSE implements a mediation service to facilitate amicable resolution of conflicts, without being held responsible in case of persistent disagreement.

MURMUSE's liability is limited to direct proven damages resulting from its own fault or negligence, excluding any fact beyond its control and/or resulting from force majeure.

ARTICLE 9 - SANCTIONS

In case of failure to comply with TOU obligations, MURMUSE may, after formal notice that remains without effect for 15 days:

• suspendre ou supprimer l'accès de l'Utilisateur aux Services ;
• supprimer tout contenu inapproprié ;
• avertir les autorités compétentes si nécessaire ;
• engager toute action judiciaire.

ARTICLE 10 – INTELLECTUAL PROPERTY

MURMUSE owns all intellectual property rights on the Platform, software, infrastructure, databases and content it operates. They are protected by all intellectual property rights in force.

User Content remains their property, but they consent to their Content being reproduced on the Platform as part of the proposed Services.

ARTICLE 11 – PERSONAL DATA PROTECTION

MURMUSE undertakes to comply with current regulations regarding personal data protection, notably the General Data Protection Regulation (GDPR) and the Data Protection and Freedom Act.

Personal data is kept for a period of 24 months after deletion of the User's account, unless otherwise legally required.

The User has the right to access, rectify, delete, limit processing, oppose and transfer their data, which they can exercise by writing to hello@murmuse.art.

ARTICLE 12 – DURATION

The TOU come into effect as soon as the User navigates the Platform for an indefinite period until the User unregisters.

The User can request deletion of their Account by sending an email to hello@murmuse.art. Deletion is effective within 30 days.

ARTICLE 13 – MEDIATION AND DISPUTE RESOLUTION

In case of dispute between Users, MURMUSE offers a mediation service to facilitate amicable resolution of conflicts. However, MURMUSE acts only as an intermediary and cannot be held responsible for disagreements between Users.

For any consumer dispute, the Art Enthusiast can use the free consumer mediation service whose contact details are available on the MURMUSE website.

ARTICLE 14 – APPLICABLE LAW AND COMPETENT JURISDICTIONS

The TOU are governed by French law. Any dispute relating to the interpretation or execution of the TOU will be subject to a prior attempt at amicable settlement.

The User is invited to contact MURMUSE at the coordinates indicated in the Preamble of the TOU. Failing amicable agreement within a reasonable time, the dispute will be brought before the Commercial Court of Tarascon, with sole jurisdiction even in case of multiple defendants or third-party warranty.

This jurisdiction clause does not apply to Users with consumer status, who may refer the matter to the jurisdiction of their choice in accordance with the provisions of the Consumer Code.