These Terms and Conditions are edited by Monde Singulier, a simplified joint-stock company, with a capital of 3.000 €, registered with the Paris Trade and Companies Register under number 912 338 431, whose registered office is located at 1 rue Villehardouin 75003, Paris, France.

Each User declares and acknowledges that:

1. He has the capacity to contract and to subscribe to the Services.




2. He is informed that his commitment does not require a handwritten or electronic signature. The acceptance of these Terms and Conditions is implemented by the mechanism of a double click.




3. Users can save and print these Terms and Conditions, by using the standard functions of their browser or computer.

These Terms and Conditions constitute a legally binding agreement between you and Monde Singulier.

Monde Singulier is a marketplace allowing people to buy or sell luxury spaces or collectibles for all the Metaverses from their selection of the best brands and creators in the world.

1. Definitions

The terms defined below shall have the following meanings between the parties:

1. Advanced Creators :

   
   

   Creators who have a NFT but don’t have all the 3D files required.




2. Artworks & 3D Artworks :

   
   

   Refers to the digital image of the original artwork (which could be either a physical artwork, or a digital artwork luxury space or a luxury collectibles), available within the Service.




3. Bid :

   
   

   Refers to a bid placed by a User in accordance with the TCS, in order to purchase an Artwork on the Marketplace. A Bid is binding and cannot be canceled.




4. Buyer :

   
   

   Refers to the User acquiring an Artwork on the Marketplace.




5. Collectors :

   
   

   Is a buyer.




6. Creators :

   
   

   Is a seller.




7. Confirmed Creators :

   
   

   Creators who have an NFT and all the 3D files required for all Metaverses.




8. Cryptocurrency :

   
   

   Refers to any digital asset designed to work as a medium of exchange and accepted in payment throughout the Services.




9. Marketplace :

   
   

   Refers to the marketplace published by Monde Singulier and on which Users can exchange and/or sell Artworks among themselves.




10. Monde Singulier :

    
    

    Refers to the company Monde Singulier.




11. Neophytes creators :

    
    

    Creators who want to be assisted for the creations of their NFT and the 3D files for all the Metaverses.




12. NFT :

    
    

    Refers to the Non-Fungible Token which represents on blockchain the Artwork and certifies that each Artwork is unique and not interchangeable.




13. Personal Data :

    
    

    Designates all data that directly or indirectly identifies a natural person.




14. Positive Double Click :

    
    

    Refers to the electronic formulation of acceptance. The first click marks the Buyer's agreement and a second click marks the confirmation of the Buyer's agreement.




15. Seller :

    
    

    Refers to Monde Singulier or each User offering to sell his Artwork on the Marketplace.




16. Services :

    
    

    Refers to the services accessible on https://www.monde-singulier.com to all Users having a User Account.




17. TCS :

    
    

    Refers to these Terms and Conditions.




18. User :

    
    

    Refers to any natural person using the Services (Collectors or Creators) or visiting the Marketplace.




19. User Account :

    
    

    Designates a private virtual space that the User may have on the Website and which can be accessed by means of a login and password combination.




20. User Profile :

    
    

    Refers to the profile of a User that has a User Account, and which can be seen by other Users.




21. Wallet :

    
    

    Refers to an electronic wallet, which allows you to purchase, store, and engage in transactions using virtual currency.
    Monde Singulier works with four wallet types:

    1. Metamask

    
    

    2. Formatic

    
    

    3. WalletConnect

    
    

    4. Coinbase Wallet




22. Website :

    
    

    Refers to the website accessible at the URL : https://www.monde-singulier.com.

2. Subject

2.1

The purpose of these TCS is to define the terms and conditions of use buy and/or sale of the Website, and notably to define under which conditions a User may acquire and sell Artworks and their underlying NFT.

2.2

These TCS apply, without restriction or reservation, to any use of the Services, and are enforceable as soon as they are agreed by a User. Such consent shall be given prior to buying and/or selling an Artwork on the Marketplace.

2.3

User may not, under any circumstances, do or attempt to do any of the following to the Artwork without Monde Singulier's prior written permission, whether User own or not the Artwork: (i) use the Artwork and/or any Third Party Elements of the Artwork for commercial purposes, advertising or promotion of a third party product or service; (ii) market merchandise, physical or digital, that represents the Artwork; (iii) alter the image associated with the Artwork, and/or alter, edit or modify the Third Party Elements of the Artwork in any other manner; (iv) attempt to assert any additional intellectual property rights in the Artwork or Third Party Elements of the Artwork; (v) violate any applicable Third Party Rights; and/or (vii) use any Artwork in connection with images, videos or other forms of content that are hateful, intolerant, violent, cruel or with anything that could reasonably be considered as hate speech, defamation or other violation of the rights of others.

2.4

Monde Singulier reserves the right to adapt and/or modify these TCS at any time. The new version of the TCS shall then apply to any purchase or sale made after they have been posted online. Consequently, the User is invited to read the applicable version of the TCS before purchasing and/or selling an Artwork. In any event, the version of the TCS applicable to the Buyer/Seller is the one agreed by the User at the time of the validation of their purchase/sale. The online documents agreed shall take precedence over all paper or electronic versions of earlier dates. These TCS are permanently accessible on the Website via the "Terms and Conditions" section and will prevail over any other version or any contradictory document.

2.5

The Website may contain links and/or content from third-party websites and/or resources. Such third-party websites and/or resources may be subject to different terms and conditions and privacy practices. Monde Singulier is not responsible nor liable for the availability and/or accuracy of such third-party websites. Links to such third-party websites cannot be construed as an endorsement by Monde Singulier of such third-party websites.

2.6

Any information relating to any Artwork or object is provided in good faith by Monde Singulier and its partner institutions and best endeavors have been made to ensure accuracy at the time of publishing on this site. However, we reserve the right to change such information at any time. We and/or our partners will not be liable for any loss or inconvenience that results from the supply of any information that proves to be inaccurate or incorrect either due to error or to further research proving such inaccuracies.

3. Access to the Website and creation of an account

3.1 Access to the Website - Generalities

3.1.1

Access to the Website is free for any User with internet access. The cost related to the access to the Website, whether hardware, software or internet access cost, are exclusively at the User’s expense. The User is solely responsible for the proper functioning of his computer equipment and his access to internet. Monde Singulier cannot be held responsible for the proper functioning of the User’s computer equipment and his access to internet.

3.1.2

The Website is accessible 24h a day and 7 days a week, except during maintenance upgrades.

3.1.3

Due to the nature and the complexity of the internet network and, in particular, its technical performance and response time for consulting, querying or transferring information data, Monde Singulier makes its best efforts to allow access to and use of the Website and the Services offered. Monde Singulier cannot guarantee an absolute accessibility or availability of the Website.

3.1.4

Monde Singulier reserves the right, without notice or compensation, to temporarily close the Website or access to one or more Services, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive. Monde Singulier reserves the discretionary right to complete, delete or modify, at any time, the Website and the Services available on it.

3.2 Access to the Website - Generalities

3.2.1

Access to the Website is not conditional on the creation of a User Account. Any User can thus visit the Marketplace without creating a User Account. But the creation of a User Account is a necessary step to enjoy the Services offered by Monde Singulier, i.e. to buy and sell, as well as to make any offer to purchase an Artwork.

3.2.2

Any User can create a User Account on the Website by :

1. Providing the address of his Wallet or creating a Wallet via a third-party platform selected by Monde Singulier (see Definitions);




2. Providing his username, name, surname, phone number and a valid e-mail address ;




3. All data collected is processed in accordance with Article about Personal Data of these TCS and the Privacy policy of Monde Singulier

3.2.3

The User undertakes that all information provided for the purpose of registration are accurate and current.
The User acknowledges that any erroneous information, provided whether knowingly or unknowingly, may lead to liability action against him/her with a view to obtaining compensation for any prejudice suffered.
In addition, any usurpation of identity may give rise to a criminal prosecution in accordance with the provisions of Article L.226-4-1 of the French Penal Code, which states that "Usurping the identity of a third party or making use of one or more data of any kind allowing identification in order to disturb his peace or that of others, or to harm his honor or reputation, shall be punishable by one year's imprisonment and a fine of €15,000.
This offense is punishable by the same penalties when it is committed on a network of communication to the public online".

3.2.4

The User is solely responsible for securing his own data and undertakes to take any necessary measure to ensure the confidentiality of his username and password, in particular by changing his password regularly. Each User undertakes to change his password without delay in the event of voluntary or involuntary disclosure to third parties, or in the event of lost or forgotten password.
The User must inform Monde Singulier as soon as possible in the event of unauthorized use of his User Account.
Any use of the User Account is presumed to be made in the name and on behalf of the User.
Monde Singulier cannot be held liable in the event of fraudulent or abusive use or due to voluntary or involuntary disclosure of the identifiers and/or passwords of a User.

3.2.5

Access to the Website is not conditional on the creation of a User Account. Any User can thus visit the Marketplace without creating a User Account. But the creation of a User Account is a necessary step to enjoy the Services offered by Monde Singulier, i.e. to buy and sell, as well as to make any offer to purchase an Artwork.

3.2.6

In the event of a breach by a User of any of the obligation incumbent upon her/him under these TCS, Monde Singulier reserves the right, without compensation and without notice, to suspend access to all or part of his User Account until the cause of the suspension has disappeared, or even to delete his User Account regarding the seriousness of the breach. The User accepts and acknowledges that Monde Singulier cannot be held liable against him or against a third parties for the consequences of the suspension or deletion of his User Account.

3.2.7

Any User Account that is not used for a period of two (2) years will be automatically deleted.

3.2.8

The deletion of a User Account, whether at the initiative of the User or at the initiative of Monde Singulier, automatically and irreversibly leads to the deletion of all its data. The User Account will not be accessible anymore on the Website, it being specified that the Website will continue to display the Artworks owned by the former User, without indicating the name of the User.

The deletion of the User Account has no impact on the ability of the former User to access to his Wallet, from which he can access to his Artworks.

Accounting documents and supporting documentation may be kept by Monde Singulier, in accordance with the applicable provisions, in order to enable Monde Singulier to meet its legal and regulatory obligations in this matter.

3.3 Description of the Services - Creator account

3.3.1 Creator registration - Generalities

The Creator registers on the platform.

The creator chooses his status as an artist, designer, architect or a brand.

The brand fills in its contact information in order to be called back (Name, email, web links, country and phone number).

In any case, Monde Singulier will contact the artist or the brand if it deems him/it relevant.

The decision to contact the creator after his first request is entirely up to Monde Singulier and cannot be questioned by judicial or extrajudicial means.

Monde Singulier and the artist organize the drop jointly once NFTs and 3D files are created.

Monde Singulier adds the artist's assets directly to the marketplace.

Monde Singulier ensures that the wallet address is correct in the smart contract. The creator remains responsible for all malfunctions attributed to his wallet.

All prices are based on Ethereum (ETH) and it is up to the creator to verify the value.

3.3.1.1 Confirmed creator

Confirmed creator is a creator who has an NFT and all the 3D files required for all Metaverses.

Confirmed creator provides his information (name, surname, mail, pseudo, website, social networks), informs the quantity of Artworks submitted to Monde Singulier (single or collection) and decides the sale method (fixed price or auction).

He provides the name of the collection, the price of items, a description, the NFT and 3D files.

Monde Singulier declines any responsibility in case of possible loss of information or files by the creator, this one having to save a copy and not being able to claim any compensation for this reason.

Confirmed creator is responsible for all the elements submitted to Monde Singulier, including the 3D files and the NFT.

He is responsible for any malfunctions caused by these data, the information submitted and for all the prejudicial consequences.

3.3.1.2 Advanced creator

Advanced creator is a creator who has a NFT but doesn't have all the 3D files required.

Advanced creator provides his information (name, surname, mail, pseudo, website, social networks), informs the quantity of Artworks submitted to Monde Singulier (single or collection) and decides the sale method (fixed price or auction).

He provides the name of the collection, the price of items, a description and the NFT file.

Advanced creator chooses for which metaverse the 3D file should be created (Sandbox, Decentraland, Meta and/or Zepeto).

Monde Singulier declines any responsibility in case of possible loss of information or files by the creator, this one having to save a copy and not being able to claim any compensation for this reason.

Confirmed creator is responsible for all the elements submitted to Monde Singulier, including the 3D files and the NFT.

He is responsible for any malfunctions caused by these data, the information submitted and for all the prejudicial consequences.

3.3.1.3 Neophyte creator

Neophyte creator who wants to be assisted for the creations of their NFT and the 3D files for all the Metaverses

He remains responsible for all elements and information submitted to Monde Singulier.

3.3.2 Creation of an Artwork - Authorization given by Monde Singulier

Each Artwork available for purchase on the Marketplace is initially made available on the Marketplace by Monde Singulier.

In order for Monde Singulier to mint an NFT and create an Artwork on the Marketplace, the User must accept additional terms and conditions.

The authenticity of this digital asset is certified by the underlying NFT. Monde Singulier is the only one authorized to place a new Artwork for sale on the Marketplace.

Each Artwork placed on sale by Monde Singulier is created and initially placed for sale with the prior authorization of the rights holders. These agreements signed between Monde Singulier and the rights holders allow Monde Singulier to issue NFT’s certifying the authenticity of the Artworks.

Each Artwork is displayed on the Marketplace with a description of the Artwork.

3.3.3 Placing an Artwork on sale / Purchase of an Artwork

3.3.4 The User can pay an Artwork by the following means of payment

1. Traditional currency: CB, Visa and Mastercard, via MoonPay.
   Monde Singulier provides User with a secure online payment service, in order to guarantee the security of payments made on the Website and to fight against fraud. This secure online payment service enables User to pay for his order on the secure website of a bank. The Customer is directly redirected to the bank's website at the time of payment of the Order and is then directly redirected to the Website once payment has been made.




2. Cryptocurrency: Ethereum is the only Cryptocurrency allowed in the Marketplace. The payments are made via Wallet.
   If the User has acquired an Artwork sold by Monde Singulier on the Marketplace, he may request an invoice by sending an email to the following address: contact@monde-singulier.com.

The User may also access to his invoice in his User Account.

3.3.5

The following procedure, which respects the Positive Double Click requirement and implies the acceptance of these TCS, has to be followed to place an order on the Marketplace :

If the Artwork is on sale for a fixed price:

1. Selection of an Artwork on the Website




2. Clicking on “Buy” to validate the selected Artwork




3. Summary of the order in the form of a quotation. During this stage, the User may check the details of the order, the description of the Artwork, and its total price




4. Confirmation of the acceptance of the order




5. Payment of the order

If the Artwork is offered for sale by auction:

1. Selection of an Artwork on the Website




2. Issuance of a Bid by the User, by clicking on the “Place a Bid” button




3. Summary of the Bid. During this stage, the User selects the amount of his Bid, and may check the description of the Artwork, and the end date of the Auction




4. Prepayment of the Artwork. The amount of the Bid will be frozen until the end of the Auction. The amount of the Bid will not at this stage be debited from the bank account or from the Wallet of the User;

If the Bid is selected by the Seller, the User will receive an email, and a message in his User Account, confirming the purchase of the Artwork, and the amount of the Bid previously frozen will be transferred from his bank account or Wallet used to place his bid to the Wallet of the Seller.

If the Bid is rejected by the Seller, the User will receive an email and a message in his User Account, informing the User of the rejection of his Bid, and confirming that the amount has been unfrozen. This email and this message will be sent at the end of the auction purchase or earlier if a Bid is accepted by the Seller before the end of the period defined by the Seller. The User accepts and acknowledges that his Bid may in any case be rejected by the Seller, even if his Bid is higher than the Bid selected by the Seller.

An order and/or a Bid shall be finalized only after acceptance of payment. Any rejection of payment shall prevent the order from being finalized. In the absence of a payment, Monde Singulier or the Seller shall then be under no obligation to sell Artwork to the User and may sell the Artwork to another User.

3.3.6

The Bids made by Users will be visible from all Users in Cryptocurrency (ETH). If a Bid has been made in a traditional currency, the value of the Bid will be converted in Cryptocurrency and visible in Cryptocurrency (ETH). Monde Singulier will specify the payment method used by each User. Due to the fluctuating nature of the Cryptocurrencies exchange rate, the value of a Bid may vary between the time it is placed and the time it is accepted by the Seller. When a Bid is placed in Euro, the amount of the Bid displayed in Cryptocurrency (ETH) on the Marketplace will vary to take into account the variation of the exchange rate.

3.3.7

The Seller is not obliged to sell his Artwork to the User with the highest offer at the end of the auction purchase. In order to assess the Bids offered by the Users, the Seller may take into account other criteria relating for instance to the identity of the Users making the Bids. The Seller may thus choose not to sell his Artwork, to continue negotiations with users who have submitted offers, and/or to sell his Artwork to a User whose offer was not the highest.
The Auction will end at the end of the period defined by the Seller in article 4.2.1, or earlier if the Seller decides to accept a Bid before the end of this period, by clicking on “Accept the Bid” and “I Confirm”.

3.4 Confirmation of the sale / purchase of an Artwork

Monde Singulier sends an email to the Collector and to the Creator, to the e-mail address indicated by them, confirming the Sale/Purchase, and containing a description of the Artwork sold/bought, including the selling price paid by the Collector.

In the event that the Collector/Creator has not received a confirmation email after the sale/purchase of an Artwork, the Collector/Creator is invited to check his spams and then, if necessary, to contact Monde Singulier by email: contact@monde-singulier.com

Monde Singulier shall not be held liable in the event of a typing error that prevents the confirmation email from being delivered.

Once the Artwork sold, the Artwork will disappear from the User Profile of the Creator and will appear among the Artworks owned by the Collector on his User Profile.

3.5 Exhibition of Artworks – Exchanges between Users

3.5.1

Each User may access to the User Profile of Each User. This User Profile will exhibit the Works bought by the User on the Marketplace. Monde Singulier may also, from time to time, organize exhibitions relating to a particular artist, a particular museum, and/or an artistic movement, in such case the Works of various Users may be exhibited on the Website.

3.5.2

From his User Account, each User may send private messages to other Users of the Website. This possibility allows User to discuss their respective Artwork collections with each other, or to negotiate the sale and purchase of Artworks. From their User Account, Users can choose not to receive messages, or choose to receive messages from certain Users.

4. Personal Data

Monde Singulier collects and processes some User’s Personal Data.

As such, Monde Singulier is responsible for processing within the meaning of EU Regulation 2016/679 on the protection of Personal Data.

The User may access further information regarding the processing carried out and the rights it has in the Privacy Policy of the Website.

MONDE SINGULIER Services are operated by the company MONDE SINGULIER, SAS with a capital of 3.000 euros, registered at the RCS of Paris under the number 912338431, whose head office is located 1 RUE VILLEHARDOUIN 75003 PARIS.

MONDE SINGULIER can be contacted at the following address: 1 RUE VILLEHARDOUIN 75003 PARIS.

E-mail address : contact@monde-singulier.com

MONDE SINGULIER has a policy of protecting personal data, the characteristics of which are explained in the document entitled "Privacy Policy".

5. Tax and social security obligations

5.1

The User is solely responsible for declaring the income from his Sales of the Artworks to the competent Tax and Social Security Administration. The User is informed that receiving Cryptocurrency in return for the sale of his Artwork is likely to constitute an income subject to tax and social contributions.

5.2

Monde Singulier makes available to each Sellers established and/or located in France or having sold Artworks to Buyers established or located in France, at the beginning of the year, a statement of transactions summarizing the annual amount received through the sale of Artworks on the Marketplace.

6. User’s liability

6.1

The User shall abide by any obligation imposed upon him by these TCS. The User undertakes to use the Website, the Marketplace and the Services only in accordance with the TCS. The User undertakes that he will not use the Website, the Marketplace, and/or the Services fraudulently. The User assumes full responsibility for any breach of the TCS. In case of breach of the TCS by the User, the User is informed that his User Account may be suspended or deleted, without prior notice or compensation.

6.2

The User is solely responsible for the data, files and other content that he enters into the Website and in the course of using the Services. In particular, the User is responsible for the accuracy and legality of such data, files and other contents.

6.3

The User shall remain personally and fully responsible for all legal obligation incumbent on him, in particular in relation to tax and social security obligations.

6.4

The User is fully responsible for maintaining the confidentiality of his password. Monde Singulier will not be liable for any unauthorized access to a User Account resulting from the loss or theft of a password.

7. Monde Singulier’s liability

7.1

Monde Singulier undertakes to provide its best efforts to ensure the Services. Monde Singulier is subject to the limitations and characteristics of telecommunications networks and services, and therefore cannot be held responsible for any malfunction or interruption of the Services due to the coverage of the Internet or mobile phone networks, regardless of the duration or cause. However, Monde Singulier will use its best efforts to try to resolve such difficulties as soon as possible.

7.2

Monde Singulier shall not be held liable for:

1. Breakdowns or malfunctions of the Website, Marketplace and/or the Services




2. Any illegal use of the Website, Marketplace and/or Services by a User




3. A malfunction or a cyberattack




4. Any event linked to data entered by a User or a setting made by a User




5. The deletion of any Services at its sole discretion, or for any change in legislation which renders the Services unavailable in whole or in part

7.3

In any case, and in the event of failure of the Services, Monde Singulier shall only be responsible for direct and reasonably foreseeable damage, unless otherwise provided by law or regulation. Indirect damages are expressly excluded.

8. Intellectual Property

Monde Singulier is a platform allowing the transfer of Artwork whose property belongs to the creators. Consequently, Monde Singulier does not hold any intellectual property rights on the various Artworks.

8.1

Buying an Artwork on the Platform does not mean that the User becomes the holder of the Intellectual property rights attached to the Artwork. If the Artwork relates to a physical object, the User has no rights of ownership in that physical object.
The Collector is granted a limited, worldwide, non-assignable, non-sublicensable, royalty free license to display the Artwork legally owned and property obtained on the Marketplace. This right includes the right to display or perform the Artwork privately or publicly for the purpose of promoting or sharing the User’s ownership or interest in the Artwork for example on social media platforms, websites, blogs, digital galleries, or for the purpose of sharing, promoting, discussing or commenting on the Artwork.

8.1

The collectors are the holders of the following rights, subject to compliance herewith:

1. Right of reproduction : The right to reproduce the NFT includes the right to reproduce, within the limit of 1 copy, all or part of the NFT by any technical process known or unknown and, in any format, in particular extracts.




2. Right to modify and adapt : The right to adapt the NFT on any digital medium, off-line or on-line and in particular within an Internet site. This adaptation may lead to changes in the presentation, access and consultation of the NFT subject to the strict application of the moral rights of the assignor.




3. Right of representation, use and distribution : The right to use and distribute the NFT, in a strictly private context, on any medium. The right to use and disseminate the NFT, in a public context, on any tangible or intangible medium, without this use or dissemination being carried out for the purpose of achieving or benefiting from economic advantages.




4. Right to sell or lease : The right to assign or transfer, free of charge or for a fee, all or part of the NFT, within the strict limits of the respect, by the future assignee, of the moral rights attached.

Collectors shall not nor permit any third party to:

1. Modify, distort, mutilate, or perform any other modification on the Artwork




2. Use the Artwork to advertise, market, or sell any products or services




3. Use the Artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others




4. Incorporate the Artwork in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these TCS or solely for the User’s personal, non-commercial use




5. Sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Artwork




6. Attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork




7. Attempt to mint, tokenize, or create an additional cryptographic token representing the same Artwork




8. Falsify, misrepresent, or conceal the authorship of the Artwork

8.3

Any subsequent transfer of an Artwork will immediately terminate the former owner’s rights on the Artwork, which will automatically be transferred to the new owner.

8.4

All the rights held on the NFTs also concern the attached 3D files.
Therefore, successive assignors are not entitled to exploit the 3D files contained in the NFTs, in the event of a sale in accordance with this Agreement.

8.5

The User grants Monde Singulier the exclusive, transferable, sublicensable, free of charge right, for the whole word, to represent and/or reproduce any content that she/he published on the Website.

8.6

All intellectual property rights attached to any content published on the Website, excluding the NFT generated by the creators, are the property of Monde Singulier or its partners, and are provided free of charge to Users, within the exclusive framework of the use of the Website. Therefore, any unauthorized use of these contents is unlawful.

8.7

Monde Singulier is the database producer of all databases published on the Website. The User is forbidden to extract any qualitatively and/or quantitatively substantial data without prior authorization from Monde Singulier.

9. Waiver of the Withdrawal Right

Given the digital nature of the Artwork and NFT’s technical functioning, the withdrawal period provided for in article L.221-18 of the French Consumer Code will not apply in case of purchase of an Artwork from Monde Singulier, in accordance with the provisions of article L.221-28 of the French Consumer Code.

BY PURCHASING AN ARTWORK ON THE WEBSITE, THE USER EXPRESSLY WAIVES HIS RIGHT OF WITHDRAWAL.

10. Dispute and mediation

10.1

In the event of a dispute arising between Monde Singulier and a User, the latter undertakes to send an email to Monde Singulier, explaining the purpose of his request, and providing any information relating to the subject and scope of his request, with the aim of finding an amicable solution: contact@monde-singulier.com .

10.2

In the event of a dispute between Monde Singulier and a Consumer established and/or located in France, the Consumer may have recourse free of charge to an independent Ombudsman in order to find amicable resolution. If the Consumer wishes to participate to a mediation, the Consumer shall send a message to Monde Singulier, requesting mediation: contact@monde-singulier.com . Monde Singulier undertakes to provide all information necessary to organize this mediation.

The Consumer is informed that before referring any dispute to this independent Ombudsman, she/he must first attempt to resolve the dispute directly with Monde Singulier in accordance with the provisions of article 11.1.

11. General Stipulations

11.1

The Parties agree to perform their obligations in good faith.

11.2

The Parties sincerely declare these commitments.

As such, they declare that they are not aware of any circumstances which, if they had been communicated, would have altered the consent of the other Party.

11.3

In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the beginning of the articles herein and any of the articles, the headings will be declared non-existent.

11.4

If one or more stipulations of these TCS are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final and conclusive by a competent court, the other stipulations will retain their full force and scope. Monde Singulier will then amend the TCS.

11.5

No act, delay in acting or any other attitude, passive or active, on the part of one of the Parties shall be deemed to constitute for that Party a waiver of any of the rights and actions of which it is a creditor under the TCS, unless such waiver is evidenced in writing signed by a duly authorized representative.

11.6

The online acceptance of these TCS by electronic means shall have the same evidential value between the Parties as the agreement on paper.

The computerized records kept in Monde Singulier’s computer systems shall be kept under reasonable conditions of security and shall be considered as proof of communications, orders and payments between the Parties. They shall be deemed authentic until proven otherwise.

Contractual documents, orders and invoices shall be archived on a reliable and durable medium that can be produced as proof.

12. Language

These TCS have been drafted in English. A version is available in French.

If these TCS are translated into a foreign language, the English version shall prevail over any other translation in the event of any dispute, litigation, difficulty in interpreting or executing these TCS.

13. Applicable law

These TCS are governed by French law.

However, and in accordance with Article 6§2 of the Rome I Regulation, Internet users living within the European Union may benefit from the possibly more protective and mandatory provisions of their national law.

14. Competent jurisdiction

In case of dispute, the User may seize the competent jurisdiction with territorial jurisdiction under the law. In the event of no mandatory jurisdiction by the law, only the Commercial Court of Paris will be competent.