General Terms of Use

These terms govern the access and use of the ChromaMarket platform. The publisher's identity appears at the top of this page. The sale of artworks is governed by the General Terms of Sale, and the processing of personal data by the Privacy Policy.

1. Purpose and Acceptance

ChromaMarket is a platform connecting painters who exhibit their works with collectors wishing to acquire them. The creation of an account and any use of the service constitute acceptance of these terms. Minor users cannot create an account.

2. Role of ChromaMarket

ChromaMarket is neither the owner nor the seller of the artworks: the sales contract is concluded between the artist and the collector. The platform provides ad hosting, matchmaking, messaging, order management, and payment processing according to the chosen payment method.

Two payment methods coexist, described in Article 6 of the GTCS:

• payment via the platform: funds are collected by the publisher, who then transfers them to the artist after deducting their commission;
• direct payment: funds are collected by the payment service provider into the artist's account, with the commission deducted during the transaction.

In the first case, the publisher acts as an intermediary in the financial flow; they do not, however, become the seller of the artwork.

3. User Account

The user provides accurate information and keeps it up to date. They are responsible for the confidentiality of their login credentials and all activity carried out from their account. An account can be deleted at any time from the personal area; deletion does not erase data that the publisher must retain for accounting and legal obligations (orders, invoices), nor documents provided to the other party of a transaction.

4. Roles

• Collector: any registered user can browse the catalog, reserve, and acquire an artwork.
• Artist: access to the sales area is subject to an application validated by the publisher.
• Reseller: a user may be authorized to offer an artwork they own for resale.

5. Artist Application

Applications are reviewed by the publisher, who may accept or reject them without being required to provide a reason. The artist guarantees to be the author of the works they offer for sale, or to hold the necessary rights to commercialize them.

An email address can only be associated with one application. This rule is definitive: it persists after account deletion and also applies to artists whose access has been withdrawn. The lifting of this restriction is at the publisher's discretion.

The publisher may withdraw sales access in case of breach of these terms, misleading advertisements, repeated buyer disputes, or infringement of third-party rights. Withdrawal does not affect already paid orders, which the artist remains obliged to honor.

6. Content Published by Artists

The artist remains responsible for the texts and images they publish: title, description, photographs, biography, artist statements. They guarantee to hold the rights to these elements and to include no illicit, misleading, or infringing content.

By publishing this content, the artist authorizes the publisher to reproduce and represent it on the platform and in its communications related to the promotion of the artworks and the collective, for the duration of the publication. This authorization does not transfer any copyright.

Published content is subject to automated filtering designed to remove clearly inappropriate remarks, as well as personal contact details that could bypass the platform. The publisher may remove content that violates these terms.

7. Messaging

The internal messaging system allows for exchanges about an artwork or an order. It must not be used for commercial solicitations unrelated to the platform, nor for organizing off-platform transactions for an artwork exhibited on it. Exchanges may be viewed by the publisher in case of dispute or report.

8. Prohibited Conduct

Prohibited acts include: identity theft, publication of illicit content, automated catalog extraction, any attempt to compromise service security, manipulation of featured content or reviews, and use of the service for money laundering or payment fraud. The publisher may suspend access in case of breach, immediately when the severity warrants it.

9. Featuring and Catalog Ranking

By default, artworks in the gallery and on the homepage are displayed according to fair rotation: the order varies from one visit to another so that all artists gain access to prime positions, regardless of the number of works they exhibit. Visitors can at any time choose an explicit sort (new arrivals, price).

The publisher may also feature a limited number of artists, who share a reserved section of the homepage. When this featuring involves financial compensation, it is indicated as such where it appears. Ranking does not depend on any other remuneration criteria.

10. Service Availability

The publisher strives to ensure the availability of the platform but cannot guarantee it uninterruptedly: interruptions may occur for maintenance, updates, or due to a technical service provider's failure. The publisher is not liable for damages resulting from use not in accordance with these terms, nor for content published by users. Its liability under the intermediation service shall not exceed the amount of commissions received on the transaction concerned.

11. Platform Intellectual Property

The site's structure, its developments, its graphic charter, and its texts are protected. Any unauthorized reproduction is prohibited. Exhibited artworks remain the intellectual property of their authors (Article 12 of the GTCS).

12. Personal Data

The processing operations carried out, their purposes, retention periods, and the rights of the data subjects are described in the Privacy Policy. Cookies and trackers are subject to consent collected during the first visit, modifiable at any time from the footer.

13. Modification of Terms

The publisher may modify these terms. The applicable version is the one published on this page, with the last update date indicated. Any substantial modification is brought to the attention of registered users. Ongoing orders remain governed by the version accepted at the time of the order.

14. Applicable Law and Disputes

These terms are subject to French law. In case of difficulty, the user is invited to contact the publisher at the address indicated at the top of the page; a response will be provided as soon as possible.

The consumer may have free recourse to the consumer mediator designated by the publisher. Referring the matter to the mediator presupposes having first attempted to resolve the dispute directly with the publisher.

Failing an amicable resolution, the dispute may be brought before the competent courts.

Terms and Conditions of Sale

These conditions govern the sale of works exhibited on ChromaMarket. The identity of the platform's publisher appears at the top of this page. Use of the site is governed by the General Terms of Use.

1. Parties to the contract

The sale is concluded between the selling artist and the collecting buyer. ChromaMarket acts as an intermediary: it hosts the advertisement, connects the parties, and manages payment collection according to the chosen payment method, without being the seller of the artwork.

2. Seller status

The description of each artwork indicates the artist who sells it. The seller's status — professional or private individual — is crucial for the buyer's rights:

• when the seller is a professional, the consumer buyer benefits from the right of withdrawal (article 9) and legal guarantees (article 10);
• when the seller is a private individual, these protections do not apply: the sale falls under general law, with the buyer retaining the guarantee against hidden defects concerning the seller.

Each artwork's description indicates the seller's status — "sold by a professional" or "sold by a private individual" — as well as the associated implications. This status derives from the tax regime declared by the seller in their space: a seller under basic exemption, a registered author, and a registered reseller all act in a professional capacity; only a private individual selling occasionally is not subject to this.

3. Works offered

The works are original creations, described by the artist: technique, medium, dimensions, year, signature. As each work is unique, photographs may show slight variations in rendering depending on the screen. A sold work remains visible in the catalog, marked as such.

A certificate of authenticity is made available to the buyer after payment. It is established based on the information provided by the artist, who guarantees its accuracy.

4. Price

Prices are freely set by the artist and displayed in euros, including all taxes where applicable. Delivery costs are indicated before payment validation.

The displayed price is the price paid by the buyer. The VAT regime depends on the seller's situation, and the invoice specifies it:

• private seller: sale outside the scope of VAT;
• seller under basic exemption: VAT not applicable (art. 293 B of the CGI);
• registered author selling their own work: VAT at the reduced rate of 5.5%, detailed on the invoice;
• registered reseller: special regime for second-hand goods and works of art (art. 297 A of the CGI), with the tax applying to the reseller's margin and not recoverable by the buyer.

The commission charged by the publisher is subject to a separate invoice, addressed to the seller and subject to VAT at the standard rate; it is not billed extra to the buyer.

5. Order

1. Reservation — the collector requests to reserve a work. This request is not yet a commitment to purchase and does not indefinitely block the work.
2. Confirmation by the artist — the artist confirms that the work is available and accepts the sale. They may refuse, without the buyer being able to claim compensation.
3. Payment — payment is enabled after confirmation. The order is only formed upon payment.

The artist has 7 days to confirm. After this period without a response, the reservation lapses and the work becomes available again; the buyer has not paid any amount.

6. Payment

Payment is made online using the methods offered during checkout, via an approved payment provider. No credit card data is processed or stored by the platform.

Depending on the artist's choice, funds are either collected by the publisher then remitted to the artist after deduction of commission, or paid directly to the artist by the payment provider, with the commission being deducted during the transaction. The applicable commission rate is fixed on the order at the time of payment and appears on the commission invoice provided to the artist. The commission is not billed extra to the buyer.

7. Delivery

The artist is responsible for packaging and shipping. They choose the carrier, communicate tracking information, and bear the consequences of insufficient packaging.

The work is shipped within 5 business days from payment, unless a specific delay is indicated on the artwork's description. In any event, delivery occurs no later than thirty days after the order; failing this, the buyer may request cancellation of the sale and reimbursement of the amounts paid.

Risks of loss or damage are transferred to the buyer upon physical receipt of the work. Damage related to transport must be reported without delay, if possible with photographs of the packaging.

8. Retention of title

The work remains the property of the artist until full payment of the price.

9. Right of withdrawal

When the seller is a professional, the consumer buyer has fourteen days from receipt of the work to withdraw, without reason or penalty. They inform the seller of their decision by an unambiguous declaration, or by using the form provided in the appendix hereto.

The work is returned to the selling artist, to the address appearing on the invoice, no later than fourteen days after withdrawal, in a condition allowing its resale and suitable packaging for a fragile item. Return shipping costs are borne by the buyer, unless otherwise indicated on the artwork's description. Reimbursement, including standard initial delivery costs, occurs no later than fourteen days after recovery of the work or proof of its shipment.

The right of withdrawal does not apply to works made to order according to the buyer's specifications, nor when the seller is a private individual.

Withdrawal form

To the attention of [selling artist, address]: I hereby notify you of my withdrawal from the contract for the sale of the work below: — Work: … — Ordered on … / received on … — Name and address of the consumer: … — Date: …

10. Legal guarantees

When the seller is a professional, the buyer benefits from the legal guarantee of conformity and the guarantee against hidden defects, independently of any commercial guarantee. A work that does not conform to its description may lead to repair, replacement when possible, or reimbursement.

Characteristics inherent to a work of art — material irregularities, traces of the artist's hand, variations in hue, patina of time — do not constitute a lack of conformity when they are inherent to the described technique.

11. Cancellation and refund

Before shipment, the sale can be cancelled by mutual agreement; the buyer is then reimbursed for all sums paid. In case of unavailability noted after payment, the artist informs the buyer and reimbursement is made without delay. Refunds are processed using the same payment method as used during the purchase.

12. Intellectual property

The acquisition of a work transfers ownership of the physical medium, not the copyright. The artist retains their right of reproduction and representation, as well as their moral rights. The buyer may not reproduce or commercially exploit the image of the work without written authorization from the artist; however, they may exhibit it in a private setting.

13. Claims and mediation

Any claim relating to an order is addressed to the artist via the platform's messaging system; the publisher can be contacted for support at the address indicated at the top of the page.

The consumer can free of charge resort to the consumer mediator to whom the publisher reports.

14. Applicable law

These conditions are subject to French law. The protective public order provisions applicable to the consumer in their country of residence remain acquired. Failing an amicable agreement, the dispute may be brought before the competent courts.

Privacy Policy

This policy describes how personal data is processed within the ChromaMarket platform. The identity of the data controller appears at the top of this page.

1. Data controller

The platform publisher, identified at the top of this page, is the controller for the processing described below. Any request concerning your data should be sent to contact@chromamarket.art.

2. Data processed

Depending on how you use the service:

• Account: email address, password (never stored in clear text), name or pseudonym, language, role, profile picture where provided.
• Artist profile: studio name, biography, story, statements of intent, location, links to your social networks, contact email address, business identifiers where supplied.
• Artworks: the descriptions, photographs and characteristics you publish, together with a numerical representation of the listing text used for similarity search.
• Orders: artwork concerned, price, delivery address, status, shipment tracking, invoices and certificates.
• Payment: transaction and account identifiers passed on by our provider. No bank card data passes through our servers or is stored by us.
• Messaging: the content of messages exchanged about an artwork or an order.
• Technical: connection logs, security and diagnostic data, cookie preferences.

3. Purposes and legal bases

You are never enrolled in marketing communications without your agreement.

4. Recipients and processors

Data is neither sold nor transferred. It is accessible to the publisher and, to the extent necessary, to the following providers:

• Google Ireland Limited / Google Cloud (Firebase) — application hosting, database, authentication, image storage.
• Stripe — payment processing and payouts to artists, regulatory checks relating to payment accounts.
• Resend — delivery of transactional emails.
• Google (Gemini API) — analysis of listing text for similarity search, and drafting assistance where an artist chooses to use it.

Certain data is also disclosed to the other party to a transaction: the artist receives the information needed for shipping, and the buyer the seller's identity as it appears on the invoice.

5. Transfers outside the European Union

Some providers may process data outside the European Union. Such transfers rely on the safeguards provided for by the regulation, in particular the European Commission's standard contractual clauses or an adequacy decision.

6. Retention periods

• Account: until deleted by the user.
• Data after account deletion: erased, except for what must be retained for legal reasons.
• Orders, invoices and accounting records: ten years from the financial year concerned.
• Messages: for the duration of the contractual relationship, then archived in the event of a dispute until it is resolved.
• Technical logs: twelve months at most.
• Artist application register: retained on a lasting basis, since one application per email address is a platform rule (article 5 of the Terms of Use).
• Cookie preferences: thirteen months.

7. Your rights

You have the right of access, rectification, erasure, restriction, objection and portability, as well as the right to withdraw your consent where processing relies on it. These rights are exercised at the contact address shown at the top of this page; a reply is provided within one month.

Some of these rights can be exercised directly in the service: editing your profile, deleting your account, revising your cookie preferences from the footer.

If you consider that your rights are not being respected, you may lodge a complaint with the French data protection authority, the Commission nationale de l'informatique et des libertés (CNIL), 3 place de Fontenoy, 75334 Paris Cedex 07 — cnil.fr — or with the supervisory authority of your country of residence.

8. Cookies and trackers

Cookies strictly necessary for the service to function (session, security, language and theme preference) are set without consent. Audience measurement and personalisation cookies are set only after your agreement, collected on your first visit and changeable at any time from the footer link.

9. Automated decisions

No decision producing legal effects concerning you is taken on a solely automated basis. The ranking of works in the gallery and the automatic filtering of published content are described in articles 6 and 9 of the Terms of Use.

10. Security

Access to data is restricted by authorisation rules enforced server-side, traffic is encrypted in transit and passwords are never stored in clear text. As no measure can guarantee absolute security, any incident liable to affect you would be notified to you in accordance with the regulation.

11. Changes

This policy may change. The applicable version is the one published on this page, with its last-updated date shown below.