Distribution agreement
This English version is a translation provided for information. In case of any discrepancy, the French version prevails.
Between Thomas Perrin, a private individual who publishes the digital gallery in parvo (inparvo.art) on a non-professional basis, reachable at contact@inparvo.art, hereinafter “the gallery”,
and the artist whose civil identity, email address, phone number, and, where applicable, SIRET number are listed in their personal space, and who signs this agreement from that space, hereinafter “the artist”.
1. Purpose
The gallery presents on its site a selection of the artist's works (unique pieces, editions, series) and forwards to the artist requests from interested visitors. This agreement governs this service and sets out the commitments of each party.
2. Free of charge and independence
The service is free of charge: the gallery receives no commission on sales and charges no fees to the artist. The gallery is neither the agent nor the representative of the artist: it has no power to sell, negotiate, or collect on the artist's behalf. The parties remain independent of each other; the agreement creates no subordinate relationship between them.
3. Gallery's commitments
The gallery commits to:
- presenting the works faithfully, based on the information and visuals provided by the artist;
- forwarding to the artist, without delay, messages from visitors concerning them;
- using the artist's and visitors' data solely for the purposes of this agreement;
- notifying the artist before removing one of their works from the site, except at the artist's request or in case of serious breach;
- informing the artist of any significant changes to the service.
The selection, order of presentation, and highlighting of works are at the gallery's editorial discretion, in dialogue with the artist. The gallery builds a coherent selection: it reserves the right not to retain a proposal or not to publish a work in light of its editorial line, without having to justify its decision.
4. Artist Commitments
The artist commits to:
- being the author of the proposed works and holding all rights to them; guaranteeing their authenticity;
- selling their works under a status that allows it (in principle, that of an artist-author) and respecting their tax and social obligations, notably displaying prices including all taxes or stating that VAT is not applicable;
- providing accurate information (technique, dimensions, price, edition, delivery time, delivery areas) and faithful visuals, and keeping the availability of their works up to date from their space;
- respecting the announced editions, and signing and numbering the copies when announced;
- not proposing any work created, even in part, using generative artificial intelligence, nor any image generated or modified by such artificial intelligence (addition, removal, or invention of elements); otherwise, the gallery may refuse or remove the concerned works;
- responding to requests transmitted within a reasonable timeframe, if possible within 7 days;
- remaining reachable by the gallery and keeping their contact details (email address and phone number) up to date, which are used for exchanges between the parties and are never published.
5. The Sale
The gallery is not a party to the sales, does not collect any payments, and does not handle their follow-up. The sales contract is concluded between the artist and the buyer, under their sole responsibility. When the buyer is a consumer, the artist, as a professional seller, assumes alone the obligations of distance selling: pre-contractual information (identity, total price, delivery, right of withdrawal), invoice, delivery and risks of transport until receipt, 14-day right of withdrawal, legal guarantee of conformity, guarantee against hidden defects and, where applicable, recourse to a consumer mediator.
6. Reproduction and Representation Authorization
The artist authorizes the gallery, free of charge and non-exclusively, to reproduce (copy, digitize, record) and to represent (display, broadcast, publish) the visuals and information of their works:
- media: the inparvo.art website, the gallery's social media accounts (notably Instagram), its newsletters, and its printed or digital communication materials (posters, cards, visuals);
- purpose: solely the promotion of the artist's and the gallery's works, excluding any commercial exploitation of the visuals themselves (no sale of reproductions);
- location: worldwide, as these media are accessible online;
- duration: for the entire duration of the agreement; upon its termination, the gallery removes the works from its site within 30 days and ceases any new publication, with previously published works on social media and in newsletters remaining accessible in their history.
Artist Portrait and Presentation. Their photo and presentation texts are published on their page of the inparvo.art website, under the same duration conditions. Their use on the gallery's social media (artist portrait posts) is only possible if the artist authorized it upon their application; this choice can be modified at any time upon written request to contact@inparvo.art.
Visual Adaptation. The artist's name always accompanies these reproductions. The gallery can adapt the visuals for its communication: color correction, cropping, resizing, format adapted to each medium, situational photomontage. These adaptations never alter the content of the work, and situational photomontages are presented as such. Any other use requires the artist's prior consent.
The artist guarantees that they hold the necessary rights over the provided visuals, including those of the photographers who created them, and the consent of any potentially represented individuals.
7. Personal Data
Each party processes personal data in accordance with the General Data Protection Regulation. Visitor data is processed as indicated on the Privacy page. The artist, who receives visitor contact details, becomes responsible for their own use and undertakes to use them only to respond to their request and, if applicable, to execute the sale.
8. Declarative Obligations
If the regulations applicable to online platforms were to require the gallery to declare certain information relating to sales (notably under the European directive known as "DAC7"), the artist undertakes to communicate the necessary information to the gallery.
9. Duration and Termination
The agreement takes effect upon signature, for an indefinite period. Either party may terminate it at any time, without justification, by simple email, with a 15-day notice period. In case of serious breach (misleading information, counterfeit work, repeated failure to respond to buyers), the gallery may immediately suspend the presentation of the works concerned, then terminate the agreement if the breach is not remedied within 15 days following an email notifying them of it. The agreement is non-exclusive: the artist remains free to sell their works by any other means.
10. Transfer
The gallery may transfer this agreement to an association or any structure it establishes to carry out the in parvo project. The artist consents to this from now on; they will be informed by email and may terminate the agreement under the conditions of Article 9.
11. Evolution
Any substantial modification of the agreement is the subject of a new version, which the artist is invited to accept from their space. In the absence of acceptance, the previous version continues to apply until one of the parties terminates the agreement under the conditions of Article 9.
12. Applicable Law and Disputes
The agreement is subject to French law. In case of disagreement, the parties first seek an amicable solution; failing that, the dispute is brought before the competent courts.
Electronic Signature
The agreement is signed electronically from the artist's space, in accordance with articles 1366 and 1367 of the civil code: their name, the date, the time, the version of the text, their IP address and browser are recorded, and a complete copy is sent to them by e-mail.