Terms and conditions of services
Last update: JUNE 2023.
Identification of the Company and contacts
The company MONDE SINGULIER (the “Company”) a “Société par actions simplifiée” registered in the RCS of Paris under the number 912 338 431.
The Company can be contacted through the following contact details:
- Email: firstname.lastname@example.org
- Phone: +33 6 49 61 86 35
The Company offers, via a marketplace accessible at the following address: https://www.monde-singulier.com/ (the "Platform") the following services (the "Services"):
- Put collectors (“you” or the "Buyers") in touch with designers and brands (the "Sellers") for the purchase of collectibles (the "Artworks"). The Artwork involves the acquisition of the adjacent non-fungible token (the "NFT", together with the Artwork the “Collectible”) which represents on blockchain the Artwork. This token ensures the scarcity of the Artwork and the transparency of the service.
- The possibility of storing NFT acquired on the Platform within a digital wallet hosted on the blockchain and associated with each Buyer's account ("Wallet").
- The resale, via the Platform of the Artwork and the award/transfer of the NFT to the new buyer (the "Secondary Market").
2. Contractual documents
Functions of the terms and conditions
The terms and conditions (the "Terms and Conditions") are the sole document governing the contractual relationship between the Company and the Buyer and define:
- The terms and conditions of use of the Services,
- The respective obligations of the parties.
Location of the Terms and Conditions
The Buyer can find them via a direct link at the footer of the Platform page.
Acceptance of Terms and Conditions
The Buyer accepts the Terms and Conditions by checking a box in the registration form. If the Buyer does not agree to all of the Terms and Conditions, he/she may not access the Services and cannot buy Artwork and acquire NFT.
They may be supplemented by particular conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.
3. What other terms and conditions the Buyer have to accept to use the Services?
All payments made through the Platform are handled by the electronic money institution listed on the Platform (the "Electronic Money Institution").
The Buyer contracts directly with the Electronic Money Institution in respect of the processing of such payments by accepting its terms and conditions, through a checkbox on the Platform.
If the Electronic Money Institution rejects or terminates the Buyer’s subscription, the Buyer may no longer use the Services.
In return, termination of the contractual relationship between the Buyer and the Company shall result in termination of the Buyer's contract with the Electronic Money Institution.
In the event of any contradiction between the Electronic Money Institution's terms and conditions and the Terms and Conditions, the latter shall prevail.
The Buyer expressly authorizes the Company to transmit to the Electronic Money Institution all its instructions relating to payments made on the Platform.
4. Condition of access to the Services
(i) The Buyer may be either:
- a natural person with full legal capacity, or if not the Buyer is at least 13 years old and have obtained the agreement of their legal representative, and they agree to provide the Company with their email address so that it can contact them; or
- a legal entity acting through a natural person who has the power or authority to enter into a contract in the name of and on behalf of the Buyer.
(ii) The Buyer may be either:
- a consumer, understood as any natural person acting for purposes which are outside his or her professional activity (“Consumer Buyers”); or
- a professional, understood as any natural or legal person acting for purposes relating to his commercial, industrial, handmade, liberal or agricultural activity, including when acting in the name of or on behalf of another professional (“Professional Buyers”).
5. Subscription to the Services
All orders placed on the Platform require registration on the Platform. The Buyer must fill in the form provided for this purpose on the Platform.
The Buyer must provide the Company with all the information marked as mandatory.
The Buyer will receive an email at the address provided with a verification code that will open a Wallet and an account on behalf of the Buyer (the " Account") that allows the Buyer to buy Artworks, NFTs, and access the Services.
6. Description of the Services
6.1. The Services
Before subscribing, the Buyer can read the characteristics of the Services on the Platform.
- that they are aware of the characteristics and constraints of the Services, particularly the technical ones,
- that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which the Company is not responsible. The Services are described on the Platform. To place an order for Artworks, the Buyer is invited to follow the instructions on the Platform.
The NFT is a non-fungible token, i.e., a controllable electronic title recorded on the blockchain, of which the Buyer can acquire the property, including the right to buy and resale it to a third party in the conditions of the smart contracts, as defined below.
For each NFT, the Company creates its own custom-built smart contract specifying, in particular, the terms of sale of such NFT (the "Smart contract"). The Smart contract is then deployed on the blockchain.
The NFT will be automatically transferred to his/her Wallet and visible on his/her Account.
The Artworks are offered for sale online within the limits of available stocks, or subject to the possibility of ordering them if necessary.
The photographs and descriptions of the Artworks offered for sale online are as accurate as possible. They only commit the Company for what is precisely indicated. However, the Buyer is informed and accepts that certain characteristics of the Artworks and, in particular, their color may not correspond exactly to the photographs presented on the Platform due to technical constraints.
The Company reserves the right to offer any other Service.
6.1.c. Secondary Market
The Buyer can resell the Artworks and transfer the NFTs on the Secondary Market.
In this respect, the Buyer acknowledges and accepts that if he/she wishes to resell the Artwork, he must, at the same time, resell the NFT attached to the Artwork.
The parties shall mutually agree on the terms of sale of the Artwork.
6.2. Additional services
During the duration of the Services, the Buyer will benefit from:
- A corrective maintenance, where the Company makes its best efforts to correct any malfunction or bug found on the Platform.
- A progressive maintenance that the Company can carry out automatically and without prior notice. This maintenance includes improvements to the functionality of the Platform, the addition of new functionalities, and/or technical facilities used within the framework of the Platform (aimed at introducing minor or major extensions). The updates are carried out for the duration of the Services.
- The Company must agree to install the necessary updates to ensure that the Services remain compliant, i.e., that the Services can continue to be used in accordance with what has been agreed between the parties and what the Buyer expected when subscribing.
- A scheduled maintenance, which may include corrective and evolutionary maintenance. In this context, access to the Platform may be limited or suspended.
The Company provides, under the terms of due care, the hosting of the Platform, as well as the data produced and/or entered by/on the Platform, on its servers or through a professional hosting provider.
- Technical support:
In the event of any difficulty encountered while using the Services, the Buyer can contact the Company at the contact details mentioned in the article "Identification of the Company and contacts".
7. Duration of the Services
The Buyer subscribes to the Services for an indefinite period.
8. Price of the Services
The registration of the Buyer and the creation of his Account are free of charge.
9.1. Price of the Artworks
9.1.a. On the Primary Market
The prices of Artworks are indicated on the Platform.
The Company has no role whatsoever in the determination of the price of Artworks available on the Platform.
The prices do not include the delivery costs applicable to the delivery of the Artworks, which are invoiced in addition to the price of the Artworks. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer.
In this respect, the Buyer will make his payment on the Platform and will indicate his delivery territory.
Within 48 hours, the Buyer will receive a confirmation email indicating the delivery charges applicable to the purchase:
- either the Buyer confirms within 48h his purchase which constitutes the final validation of the purchase (the "Final Validation");
- or the Buyer cancels and will be reimbursed the amount of the purchase;
- or the Buyer does not respond, in this case, the Buyer will be deemed to have cancelled the purchase.
If an exchange rate is applicable, the Buyer will be responsible for any exchange charges applicable at the time of payment of the price. If applicable, the Buyer is solely responsible for the payment of all bank charges related to the payment of the prices, except for the Company's bank's charges.
9.1.b. On the Secondary Market
Artworks are sold at the conditions and at the price freely fixed by the Seller.
9.2. What are the billing and payment terms?
Payment is implemented through the Electronic Money Institution.
The Buyer guarantees that he/she has the necessary authorizations to use this method of payment.
10. What are the delivery terms?
10.1. Delivery Territory
The Platform indicates, for each Artwork offered for sale, the possible delivery territories for this Artwork.
The delivery of Artwork ordered on the Platform will be made to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address).
10.2. Delivery methods
Different delivery methods may be possible, depending on the categories of Artworks and their weight.
The Buyer is informed before the Final Validation of his/her order of the possible delivery methods for the Artworks ordered as well as the time and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Artwork by this method.
10.3. Delivery times
Delivery is made within the time period indicated in the order confirmation email.
The terms and conditions applicable to non-delivery shall be indicated to the Buyer by the Seller by any useful means.
11. Do the Buyer have a right of withdrawal?
The Consumer Buyer does not benefit from the right of withdrawal if the Services concern the supply of digital content not provided on a physical medium and the Consumer User has expressly (i) accepted that the Services begin as soon as he/she accepts the General Conditions and (ii) waived his/her right of withdrawal.
12. What are the guarantees applicable to the Artwork?
The guarantees applicable to the Artwork will be indicated to the Buyer by the Seller by any useful means.
13. Claims management
Buyers shall address their complaints about the Artwork directly to the Seller.
It is specified that any dispute arising between a Buyer and a Seller shall be dealt with between them, without the Company's intervention, the Seller remaining solely responsible for the sale of the Artworks.
14. Obligations and liability of the Buyers
14.1. Regarding the provision of information
The Buyer agrees to provide the Company with all information necessary for the connection and their activity on the Platform.
14.2. Regarding the Account
- Guarantees that the information transmitted for the connection to the Platform is accurate and undertakes to update it.
- Acknowledges that this information is proof of his identity and commits him as soon as it is validated.
- Is responsible for maintaining the confidentiality and security of his login and password. Any access to the Company using the latter is deemed to have been made by the Buyer.
The Buyer must immediately contact the Company at the address mentioned in the article "Identification of the Company" if he/she notices that his/her Account has been used without his/her knowledge. The Buyer acknowledges that the Company shall have the right to take all appropriate measures in such a case.
14.3. Regarding the use of the Services
The Buyer agrees to not access and use the Platform for any purpose other than those for which the Platform was designed, and in particular to:
- Carry out an illegal or fraudulent activity.
- Undermine public order and morality.
- Infringe upon third parties or their rights in any way whatsoever.
- Violate a contractual, legislative, or regulatory provision.
- Carry out any activity likely to interfere in the computer system of a third party, in particular with a view to violating its integrity or security.
- Carry out any manoeuvres aimed at promoting its services and/or sites or those of a third party.
- Help or incite a third party to commit one or more of the acts or activities listed above.
The Buyer is also prohibited from:
- Copying, modifying, or misappropriating any element belonging to the Company or any concept it exploits in the context of these Terms and Conditions.
- Engaging in any conduct that interferes with or hijacks the Company's computer systems or undermines its computer security measures.
- Infringing the financial, commercial, or moral rights and interests of the Company.
- Marketing, transferring, or giving access in any way whatsoever to the Platform and its contents, to the information hosted on the Platform or to any element belonging to the Company.
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services.
The Buyer is responsible for the relations that he/she may establish with other users of the Platform and in particular the Sellers. He/she undertakes to act with discernment and to respect the usual rules of politeness and courtesy in his/her exchanges with the Sellers.
The Buyer shall refrain from contacting, by any means whatsoever, the Sellers in order to circumvent the Services and in particular to purchase collectibles outside the Platform. The Company may, if necessary, take any measures it deems necessary with regard to Buyers who do not comply with this provision.
In the context of the connection through the Platform with other users, the Buyer is subject to fiscal and social obligations. The Company recommends that he/she is aware of these.
The Buyer is responsible for all formalities and payments incumbent on him/her in the context of the use of the Services.
The Buyer indemnifies the Company against any claim and/or action that may be brought against it as a result of the Buyer's breach of any of its obligations. The Buyer shall indemnify the Company for any damage suffered and reimburse it for any sums it may have to bear as a result.
15. Obligations and liability of the Company
The Company undertakes to provide the Services with diligence, it being specified that it is bound by an obligation of means.
The Company undertakes to comply with the regulations in force.
15.1. Regarding the purchase of the Artwork
The Company does not provide the Buyers with any guarantee as to the adaptation of Artworks to their needs, expectations, or constraints.
15.2. Regarding the quality of the Services
The Company shall use its best efforts to provide the Company with quality Services.
To this end, it carries out regular checks to verify the operation and accessibility of its Services and may thus carry out maintenance under the conditions specified in the "Maintenance" article.
However, the Company shall not be liable for temporary difficulties or impossibilities of access to its Services caused by:
- Circumstances outside its network (and in particular the partial or total failure of the Buyer's servers)
- The failure of equipment, cabling, services, or networks not included in its Services or not under its responsibility
- The interruption of the Services due to telecom operators or Internet access providers
- The intervention of the Buyer, in particular via a poor configuration applied to the Services
- A case of force majeure
The Company is responsible for the operation of its servers, the external limits of which are constituted by the connection points.
Furthermore, it does not guarantee that the Services:
- Subject to constant research to improve performance and progress, will be totally free of errors, defects, or faults
- Being standard and in no way offered according to the Buyers' personal constraints, will specifically meet his needs and expectations
15.3. Concerning the service level guarantee of the Platform
The Company does not offer any service level guarantee for the Platform.
However, the Company will make its best efforts to maintain 24/7 access to the Platform except in the event of scheduled maintenance under the conditions defined in the "Maintenance" article or in the event of force majeure.
15.4. Regarding the backup of data on the Platform
The Company shall make its best efforts to save any data produced and/or entered by/on the Platform.
Except in the case of proven faults on the part of the Company, it is nevertheless not responsible for any loss of data during maintenance operations.
15.5. Concerning data storage and security
The Company makes its best efforts to ensure the security of the data by implementing measures to protect the infrastructures and the Platform, to detect and prevent malicious acts, and to recover the data.
15.6. Concerning the publication of content
The Company acts as a hosting provider for the content that the Seller puts online. Consequently, it is not responsible for this content.
If the Company receives a notification concerning illicit content, it will act promptly to remove it or make it impossible to access.
15.7. Intermediation services
The Company acts as an intermediary between the Buyer and the Seller by offering a digital infrastructure facilitating the purchase and sale of Artworks.
Although the Company operates the Platform and may curate certain Sellers, Buyers understand that when they purchase Artworks, they purchase Artworks directly from the Seller, and not from the Company.
As such, the Company is not a party to the contracts concluded between the Buyer and the Seller and cannot be held liable for any difficulties that may arise during the conclusion or performance of these contracts, nor can it be a party to any disputes that may arise between a Buyer and the Seller, particularly with regard to the performance, guarantees, declarations, and other obligations of any kind to which the Seller or the Buyer may be bound.
The Company does not guarantee any volume of business that the Buyer may achieve through the use of the Services.
15.8. Concerning the use of subcontractors and assignment
The Company may use subcontractors in the performance of the Services, who are subject to the same obligations as the Company in the context of their intervention. Nevertheless, the Company remains solely responsible for the proper execution of the Services with respect to the Buyer.
The Company may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Buyer. Where applicable, it will inform the Buyer of this substitution by any written means.
16. Limitation of liability of the Company
The liability likely to be incurred by the Company hereunder is expressly limited solely to proven direct damage suffered by the Buyers.
The Company shall not be liable for:
- The non-execution or delay in the execution of transactions
- Before the acquisition of an Artwork, the loss or theft of such Artwork, due to outer circumstances
- Following the acquisition of an edition of an Artwork by a Buyer, any damage that may occur to such Artwork
The Company is not responsible for subsequent sales of the NFT by the Buyer of the Secondary Market.
In case where the Buyer is a professional, it is agreed between the parties that the liability of the Company under these Terms and Conditions shall be limited to direct damages suffered by the Buyer and shall be expressly limited to ten times the amount in Euros of the price received by the Company in payment of the Artwork at the time of the purchase.
17. Ownership rights on the Digital Collectible
The Buyer acquires the property of the Digital Collectible that it purchased on the Platform.
Ownership of the Digital Collectible will be transferred to the Buyer as soon as the transaction is registered on the blockchain.
18. Intellectual property rights
The Platform is the property of the Company, as are the software, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, brands, etc.) that it uses. They are protected by all intellectual property rights or database producers' rights in force. The license that the Company grants to the Buyer does not entail any transfer of ownership.
19. Use of testimonials and personality rights
- Authorizes the Company to use free of charge the image attached to his/her Account as well as his/her name and voice captured in the video testimonials that the Company has produced in order to promote its Services, by any means and on any medium, for the whole world and for the duration of the subscription to its Services and for 2 years at its end.
- Undertakes to obtain authorization to use the image (and, where applicable, the name and/or voice) of its employees and/or any other natural person whose personality attributes may be captured in the context of the Services and/or for the purposes of promoting the Company's activity. This authorization shall be granted free of charge, for the whole world and for the duration of the services and 2 years thereafter.
20. Agreement of proof
Proof may be established by any means.
The Buyer is informed that the messages exchanged through the Platform as well as the data collected on the Platform and the Company's computer equipment constitute the main method of proof accepted, in particular to demonstrate the reality of the actions performed, editions of Artwork sold/bought, and transfer of NFT.
21. Personal data
The Company has a personal data protection policy available here. It invites the Buyer to read it.
Unless otherwise agreed in writing, the parties undertake respectively to keep confidential, for the term of their contractual relationship and 3 years thereafter, all information relating to or held by the other party(ies), of which they may have become aware during the conclusion and performance of their contractual relationship.
This obligation does not extend to information:
- Of which the party receiving it was already aware
- Already public at the time of its communication or which would become public without violation of this clause
- Which would have been received from a third party in a lawful manner
- Required to be disclosed by judicial authorities, in application of laws and regulations or to establish the rights of a party in the contractual relationship between the parties
Confidential information may be passed on to the parties' respective employees, collaborators, trainees, agents, and contracting partners, provided that they are subject to the same obligation of confidentiality.
23. Commercial references
The parties may use their respective names, brands, and logos and refer to their respective platforms as commercial references for the duration of their contractual relationship and 3 years thereafter.
24. Force majeure
The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to force majeure occurring during the term of their relationship. The force majeure covers:
- Any case meeting the conditions of Article 1218 of the French Civil Code and recognized by the jurisprudence
- Strikes, terrorist activities, riots, insurrections, wars, governmental actions, epidemics, natural disasters, or failure attributable to a third-party telecommunications provider
If one of the parties is prevented from performing its obligations due to force majeure, it must inform the other party(ies) by registered letter with acknowledgement of receipt. The obligations shall be suspended upon receipt of the letter and shall be resumed within a reasonable period of time upon cessation of the force majeure.
The prevented party shall nevertheless remain liable for the performance of the obligations that are not affected by the case of force majeure and for any payment obligation.
25. Termination of the Services
The Buyer may unsubscribe or stop using the Services at any time. Unsubscribing will result in the deletion of the Account.
The Company may delete any Account if it has been inactive for a continuous period of more than 24 months.
26. Sanctions for breach
If the Buyer fails to fulfill any of these contractual obligations, the Company may:
- Terminate the access to the Platform, subject to informing the Buyer in advance within 14 days
- Suspend access to the Platform and/or access to certain Services, and in particular, the ability to buy Artworks
Unsubscribing will result in the deletion of the Account.
27. Amendment of the Terms and Conditions
The Company may modify its Terms and Conditions at any time and will inform the Buyer by any written means (and in particular by email) at least 14 calendar days before they come into force.
The modified Terms and Conditions are applicable as soon as they come into force.
If the Buyer does not accept these modifications, he/she must unsubscribe from the Services.
If the Buyer uses the Services after the entry into force of the modified Terms and Conditions, the Buyer considers that the Client has accepted them.
The English language shall prevail in case of contradiction or dispute as to the meaning of a term or provision.
In case of a dispute relating to the execution of the present Terms and Conditions between the Company and the Buyer having the quality of a consumer, the Consumer Buyer has the right to use, free of charge, the services of a consumer mediator with the view to the amicable resolution.
To this end, the Consumer Buyer may contact the following consumer mediator:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Number: 01 89 47 00 14
If the Consumer Buyer is a foreign consumer but located in the European Union, they can go to the European platform for the settlement of consumer law disputes accessible here.
30. Law and Jurisdiction
These Terms and Conditions are governed by French law.
In the event of a dispute between the Buyer, which is a professional, and the Company, and in the absence of an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), except in the event of mandatory provisions to the contrary.