These Terms and Conditions are edited by Trame International, a simplified joint-stock company, with a capital of 580 €, registered with the Créteil Trade and Companies Register under number 844 723 544, whose registered office is located at 5 Avenue du Général de Gaulle, 94160, Saint-Mandé, France.
Each User declares and acknowledges that:
- He has the capacity to contract and to subscribe to the Services ;
- He is informed that his commitment does not require a handwritten or electronic signature.
- 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 Trame International.
Trame International is a platform allowing people to buy luxury and exclusive collectibles in both digital and physical formats and in collaboration with world’s leading designers, communities and brands, certified by NFTs.
The terms defined below shall have the following meanings between the parties:
ArtWorks: refers to the digital image of the original artwork (which could be either a physical artwork, or a digital artwork or luxury collectibles), available within the platform
Bid: refers to a bid placed by a User in accordance with the TCS, in order to purchase an Artwork on the platform. A Bid is binding and cannot be canceled
Buyer: refers to the User acquiring an Artwork on the platform
Collectors: is a buyer
Cryptocurrency: refers to any digital asset designed to work as a medium of exchange and accepted in payment throughout the Services
Digital Twins: NFT associated with a physical collectible in order to prove its authenticity and allow traceability
Platform: refers to the platform published by Trame International and on which Users can buy Artworks
NFT: refers to the Non-Fungible Token which represents on blockchain the Artwork and certifies that each Artwork is unique and not interchangeable
Personal Data: designates all data that directly or indirectly identifies a natural person
Phygital: Combination of a physical collectible and its associated digital twin (NFT)
Physical collectible: Physical assets offered on the Trame International platform
Primary market: First access to the sale of a physical collectible or NFT on the Trame International Platform
Secondary market: successive access to the sale of a physical collectible or NFT
Services: refers to the services accessible on https://www.trameparis.com to all Users having a User Account
TCS: refers to these Terms and Conditions
User: refers to any natural person using the Services or visiting the platform
Wallet: refers to an electronic wallet, which allows you to purchase, store, and engage in transactions using virtual currency.
Website: refers to the website accessible at the URL https://www.trameparis.com
Trame International works with one wallet type: Metamask
- The purpose of these TCS is to define the terms and conditions of use of the Website, and notably to define under which conditions a User may acquire Artworks, physical collectibles and their underlying NFT.
- 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 an Artwork and physical collectibles on the platform.
- User may not, under any circumstances, do or attempt to do any of the following to the physical collectibles and Artwork without Trame International's prior written permission, whether User own or not the collectible: (i) use the collectible and/or any Third Party Elements of the collectible for commercial purposes, advertising or promotion of a third party product or service; (ii) market merchandise, physical or digital, that represents the collectible; (iii) alter the image associated with the collectible, and/or alter, edit or modify the Third Party Elements of the collectible in any other manner; (iv) attempt to assert any additional intellectual property rights in the collectible or Third Party Elements of the collectible; (v) violate any applicable Third Party Rights; and/or (vii) use any collectible 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
- Trame International 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 Collector/Creator 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.
- 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. Trame International 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 Trame International of such third-party websites.
- Any information relating to any collectible or object is provided in good faith by Trame International 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.
Access to the Website
- 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. Trame International cannot be held responsible for the proper functioning of the User’s computer equipment and his access to internet.
- The Website is accessible 24h a day and 7 days a week, except during maintenance upgrades.
- 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, Trame International makes its best efforts to allow access to and use of the Website and the Services offered. Trame International cannot guarantee an absolute accessibility or availability of the Website.
- Trame International 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. Trame International reserves the discretionary right to complete, delete or modify, at any time, the Website and the Services available on it.
- You may only participate in the Minting or purchase of any Item by linking an electronic wallet that allows you to purchase, store, and engage in transactions using cryptocurrency (each, a “Digital Wallet”) on supported bridge extensions. Before purchasing an Item, you must download a supported Digital Wallet bridge extension and use such extension to connect and unlock your Digital Wallet through the Service. Once you submit an order to Mint or purchase an Item, your order is passed on to the applicable extension, which completes the transaction on your behalf.
- By Minting or purchasing an Item, you agree to comply with any terms, including licenses or payment rights that are embedded within or otherwise included with any Item that you Mint or purchase. Trame International does not guarantee that Items Minted on the Service will be transferable to any other platform.
- Trame International will display at the point of sale (i) how many Items may be Minted through the Service from each instance; (ii) any fee payable in connection with any subsequent sale of an Item generated by Artwork (each such sale, a “Secondary Sale,” and such fee, a “Secondary Sale Fee”).
Pricing and Fees; Payments
- All pricing and payment terms for Items are as indicated at point of sale or otherwise on the Service, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase.
- When you Mint an Item, you agree that you have read, understand, and agree to be bound by any terms and conditions applicable to the Secondary Sale of that Item, including any Secondary Sale Fee (regardless of whether such Secondary Sale Fee is enforced or supported by the third-party platform or marketplace that facilitates a Secondary Sale). You further agree that you will bind any subsequent purchaser of the Item to such Secondary Sale terms and conditions.
- Trame International may add or change any payment processing services at any time. Such services may be subject to additional terms or conditions. Whether a particular cryptocurrency is accepted as a payment method by Trame International is subject to change at any time in Trame International sole discretion.
Consent To Electronic Communication
By providing Trame International with your email address or by using the Service to Mint, or purchase an Item, you consent to receive electronic communications from Trame International (e.g., via email or by posting notices to the Service). These communications may include notices about your use of the Service (e.g.,transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email,including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
- Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the Trame International logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Trame International or our affiliates, licensors or Users, as applicable.
- The Trame International logo and any Trame International product or service names, logos or slogans that may appear on the Service are trademarks of Trame International or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Trame International,” or any other name, trademark or product or service name of Trame International or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Trame International and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and other names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
- Reference to any products, services, processes or other information by name, trademark,manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Trame International.
Bidders are responsible for reviewing the description and conditions of each NFT prior to bidding. All bids are binding and irrevocable. The highest bidder at the close of the auction will be deemed the winner and required to pay for the NFT.
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, Trame International shall then be under no obligation to sell Artwork to the User and may sell the Artwork to another User.
Trame International collects and processes some User’s Personal Data.
As such, Trame International is responsible for processing within the meaning of EU Regulation 2016/679 on the protection of Personal Data.
Trame International Services are operated by the company Trame International, SAS with a capital of 580 euros, registered at the RCS of Créteil under the number 844 723 544, whose registered office is located at 5 Avenue du Général de Gaulle, 94160, Saint-Mandé, France.
Trame International can be contacted at the following address: 5 Avenue du Général de Gaulle, 94160, Saint-Mandé, France.
E-mail address : firstname.lastname@example.org
- The User shall abide by any obligation imposed upon him by these TCS. The User undertakes to use the Website, the platform and the Services only in accordance with the TCS. The User undertakes that he will not use the Website, the platform, 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.
- 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.
- The User shall remain personally and fully responsible for all legal obligations incumbent on him, in particular in relation to tax and social security obligations.
Trame International’s liability
- Trame International undertakes to provide its best efforts to ensure the Services. Trame International 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, Trame International will use its best efforts to try to resolve such difficulties as soon as possible.
- Trame International shall not be held liable for:
- breakdowns or malfunctions of the Website, platform and/or the Services;
- any illegal use of the Website, platform and/or Services by a User;
- a malfunction or a cyberattack;
- any event linked to data entered by a User or a setting made by a User.
- 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;
- In any case, and in the event of failure of the Services, Trame International shall only be responsible for direct and reasonably foreseeable damage, unless otherwise provided by law or regulation. Indirect damages are expressly excluded.
Buying an Artwork on the Platform does not mean that the User becomes the holder of the Intellectual property rights attached to the Artwork.
The Collector who acquires a physical collectible associated with its digital twin becomes the owner of these goods under the property right but remains subject to these terms.
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 platform. 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.
The collectors are the holders of the following rights applicable to NFT, subject to compliance herewith:
- 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.
- 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:
- reproduce, modify, distort, mutilate, or perform any other modification on the Artwork;
- use the Artwork to advertise, market, or sell any products or services;
- 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;
- 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;
- sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Artwork;
- attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork;
- attempt to mint, tokenize, or create an additional cryptographic token representing the same Artwork;
- falsify, misrepresent, or conceal the authorship of the Artwork.
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.
When the NFT is sold with the physical collectible, a seconf “Physical Claim” NFT is issued to certify ownership of the physical collectible.
All intellectual property rights attached to any content published on the Website, excluding the NFT generated by the creators, are the property of Trame International 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.
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 Trame International, 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.
Dispute and mediation
- In the event of a dispute arising between Trame International and a User, the latter undertakes to send an email to Trame International, 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: email@example.com.
- In the event of a dispute between Trame International 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 Trame International, requesting mediation: firstname.lastname@example.org. Trame International 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 Trame International.
- Good Faith: The Parties agree to perform their obligations in good faith.
- Sincerity: 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.
- Titles: 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.
- Nullity: 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. Trame International will then amend the TCS.
- Absence of waiver: 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.
- Proof and agreement of proof: 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 Trame International’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.
These TCS have been drafted in English.
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.
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.
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.
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