Termes et conditions

Terms and Conditions

Legal Notice

Preamble: Legal Information

Editor / Publication Director / Hosting:


This website (hereinafter sometimes referred to as the "Site" or the "Platform") is published by CEWERA, a simplified joint-stock company with a capital of €9,000, also trading as OBRAS, with its registered office at 8 rue du Général Guilhem in Paris (75011), registered with the Paris Trade and Companies Register under number B 981550239, VAT FR01981550239, (hereinafter "the Company" or "OBRAS"). 

The Site is available in French and English at www.obras-art.com, its publication director is Ms. Cécile FERREIRA and it is hosted by: 

(Please insert the name and contact details of the hosting provider here.)


Phone number: +33 6 19 11 15 01

Email address: contact@obras-art.com

Data protection: 


For more information on OBRAS' privacy and data protection policy, please consult the Privacy and Data Protection Policy (Articles 9 to 14 of these Terms and Conditions of Use and Sale).

If you have any questions regarding the Site or the Services offered by OBRAS, please do not hesitate to write to the following address: contact@obras-art.com


General Terms and Conditions of Sale and Use

Article 1: Definitions

The words or expressions beginning with a capital letter, used in the singular or plural, have the definitions given in this Article 1 and below:

  • "Buyer(s)": refers to any User who has truthfully and completely filled out and finalized the dedicated registration process on the Site and who, as a result, has an account allowing them to place and manage their orders.
  • "Artist(s)": refers to emerging or established artists whose Works are presented on the Site.
  • "General Conditions": refers to these General Terms and Conditions of Use and Sale, as well as the legal notices appearing in the preamble.
  • "Personal Data": refers to all personal data as defined by applicable laws and regulations.
  • "Works": refers to the works of art created by the Artists and offered for sale on the Site.
  • "Services": refers to the services provided by OBRAS.
  • "Site": refers to the website www.obras-art.com.
  • "User": refers to any person connecting to the Site or making use of it.

Article 2: Purpose

These "General Conditions" are intended to define the conditions of access and use of the Site by Users as well as the terms and conditions of acquisition of the Works by Buyers directly from the Artists through the Site and the Services offered by OBRAS defined below.


Article 3: Enforceability of the General Conditions

Mere access to and use of the Site by a User implies acceptance of these General Conditions by the User.

Similarly, any Buyer undertakes, before any acquisition of a Work from an Artist through the Site, to have read, understood and unreservedly accepted these General Conditions by ticking the box provided for this purpose, OBRAS reserving the right to modify and amend these General Conditions.

Therefore, by using the Site and/or by acquiring a Work, Users and Buyers acknowledge having notably accepted the privacy policy and personal data protection policy.

OBRAS may, at any time, modify and update these General Conditions and in particular the Privacy Policy and personal data protection policy.

The General Conditions in force at the time of use of the Site and/or the acquisition of a Work by a Buyer are those that are binding on the User.


Article 4: Access and Use of the Site and Services

  1. Access and Use of the Site

The Site is available 24 hours a day, 7 days a week. However, OBRAS reserves the right to temporarily suspend the operation of the Site, without notice or compensation, in particular to carry out maintenance, updates, or any other reason.

Furthermore, OBRAS does not guarantee that the Site will operate without interruption or that third-party sites accessible by hypertext links do not contain viruses.

  1. Access and Use of the SERVICES

OBRAS provides, through the Site, the following SERVICES:

  • Present to any User Works offered for sale by the Artists identified by OBRAS
  • Allow Buyers to submit purchase offers relating to the Works presented in order to acquire them directly from the Artist

  1. Presentation of the Works

The Site allows Users to discover the Works offered for sale by the Artists.

The consultation of the photographs of the Works on the Site by the Users does not confer any rights on them, in particular no right of use and/or reproduction.

Any creation of hypertext links to the home page of the Site, or any other page of the Site and in particular any presentation of a Work is strictly prohibited.

The presentation of the Works on the Site does not guarantee their availability nor does it presuppose the Artist's agreement to sell them, said agreement being expressed or not by the Artist each time a purchase offer is transmitted to him by OBRAS.

  • Ordering Works from an Artist
  • Opening an Account / Dedicated Space

The ability to make a purchase request for a Work from an Artist through the Site is subject to the opening and completion by a User of a customer account on the Site.

Once the form provided for this purpose on the Site has been completed in a sincere and exhaustive manner, by providing in particular all the information designated as necessary, the User can access the status of Buyer allowing him to submit purchase offers for Works.

Any erroneous and/or incomplete and/or insincere registration will not be validated and will not allow access to the Service reserved for Buyers.

Buyers undertake to update their personal information.

OBRAS may also ask Buyers to send it any documents or additional information necessary for the performance of the Services.

At the end of the registration process validly completed, the Buyer may access a dedicated personal space allowing him to place orders and manage his use of the Services on the Site. It is the Buyer's responsibility not to share and to keep secret the identifiers and passwords allowing him to connect to his personal space.

Access to a Buyer's personal space by means of his identifiers and passwords is deemed to have been made by the latter. In the event that a Buyer believes that his personal space is used by a third party, it is his responsibility to inform OBRAS without delay.

The Buyer undertakes to use the Services offered by OBRAS in good faith, in a manner respectful of the law and regulations and in compliance with the rights of OBRAS and the Artists.

In the event that OBRAS considers that the aforementioned commitment is no longer respected, it may suspend and/or close the Buyer's account and his access to his personal space.

Any buyer may request OBRAS to delete his account through the contact form made available in his private space.

  1. Ordering a Work / Price / Payment Terms

OBRAS acts as an intermediary in that it makes available to Artists and buyers, tools and technical means for the purpose of buying and/or selling Works through the Site. Its liability is limited to the provision of these means, as described herein.

OBRAS acts in its own name and does not perform any legal act in the name and on behalf of the Artists and buyers, who contract directly between themselves.

OBRAS is not a party to the contracts concluded between the Artists and the buyers and cannot in any way see its liability engaged under the difficulties that may arise during the conclusion or execution of these contracts, nor be a party to any possible disputes whatsoever between artists and buyers concerning in particular the guarantees, declarations and other obligations whatsoever to which they would be held.

To order a Work that he has identified on the Site and for which he has read:

  • its description,
  • the price requested by the Artist including any VAT if applicable,
  • the fact that any customs duties and other taxes may be his responsibility depending on his place of residence and that of the Artist,
  • the transport costs he has selected,
  • and the fact that this order, in case of acceptance by the Artist, he undertakes to make these payments

the Buyer, after having verified and confirmed the coordinates he wishes for delivery, will place the work in his basket and validate it by carrying out the payment procedures with the provider selected by OBRAS.

Upon validation of the basket, OBRAS will transmit the acquisition offer to the Artist who will indicate whether the work is available as well as his possible agreement to transfer it to the Buyer.

In the absence of a response from the Artist within 96 hours, the Buyer's offer will be deemed void and he will not be required to make any payment.

In case of acceptance of the offer, OBRAS will send the Buyer an invoice issued in the name and on behalf of the Artist which will make the payment made perfect.

The Artist is solely responsible as a seller for the legal guarantees relating to conformity and the guarantee of hidden defects.

For the sake of quality of service, OBRAS offers Buyers the opportunity to inform it of any comments and information they may wish to bring to its attention regarding the quality of transactions carried out through the Site.

It is therefore up to the Buyer to check the condition and conformity of the work upon receipt of the latter and to inform:

  • before accepting delivery to the carrier of any possible reservations relating to the condition of the package
  • and, without delay and at the latest within 48 hours of receipt, to OBRAS, which will transmit to the Artist, any possible reservations and/or observations.

Furthermore, in accordance with article 6-I, 2 and 3 of law n° 2004-575 of June 21, 2004 for confidence in the digital economy, OBRAS cannot be held liable for the content made available on the Site by Buyers or Artists, in particular with regard to the description of the Works, unless it does not promptly make them inaccessible after being informed of their illegality under the conditions provided for by this law.

Buyers undertake, at the first request, including in the event of a non-final court decision, to indemnify and compensate OBRAS for any damage, loss, loss of profit, complaint, liability and costs, including fees and advisory fees that OBRAS may have to bear if its liability were to be engaged by a third party, as a result of a claim or action related to this use of the Services by Buyers.

Buyers are informed that OBRAS may communicate all information concerning them, including nominative information, to the competent services responsible for the repression of fraud and offenses.

  1. Transport / Formalities related to the movement of Works

OBRAS offers Buyers to subscribe directly to various logistical solutions at their expense allowing the transport of Works that are in the possession of the Artists to the location desired by the Buyer.

OBRAS does not transport the Works nor acts as a transport commissioner, Buyers may, if they wish, implement a transport solution by their own means provided that it is carried out by recognized leading professionals regularly and habitually transporting works of art.

In any event, OBRAS cannot be held responsible for any possible damage caused to the Buyer or the Artist as well as any possible delay or damage resulting from and/or related to the transport of the Work.

The Artist undertakes to make the packaged work available to the carrier within 7 working days after confirmation of receipt of payment for the work.

The Works are delivered to the address indicated by the Buyer when placing the order.

The Buyer is therefore solely responsible for the information they provide to OBRAS is accurate and complete and that it will allow the carrier to deliver the Work to them.

The delivery time of the Work varies depending on the type of transport chosen and the destination validated by the buyers.

Article 5: Intellectual Property

The constituent elements of the Site and in particular the elements relating to its structure, its development, its operation and its content, are protected by intellectual property law as well as the legal principles sanctioning unfair competition.

All content available on the Site, whatever its form and/or medium, including but not limited to the textual, graphic and visual elements constituting the Site as well as the texts, photos, logos, images, videos and other sound files accessible and/or displayed on the site, are the exclusive property of OBRAS and/or the Artists and other authors concerned and therefore benefit from the protection offered by the law and in particular national and international provisions relating to copyright, in particular and intellectual property law in force in general

Any reproduction, publication, copying of the various content present on the Site is strictly prohibited without the prior express authorization of OBRAS and/or the Artists and other authors concerned

Therefore, any violation of the principle recalled above would be an infringement of the rights of these authors and in particular could constitute a counterfeiting within the meaning of article L.335-2 and following of the Intellectual Property Code.

Furthermore, it is recalled that the delivery of the Work by the Artist to a Buyer does not transfer to the latter the patrimonial rights nor the rights of exploitation and reproduction of the said Work which remain the sole property of the Artist.


Article 6: Right of Withdrawal

In accordance with article L121-16-1 of the Consumer Code, Buyers who are nationals of the European Economic Area have a period of fourteen (14) days to exercise their right of withdrawal from a distance contract concluded with Artists who are also nationals of the European Economic Area.

The fourteen (14) day period for withdrawal begins to run from the receipt of the work by the Buyer.

Buyers can exercise this right by sending directly to OBRAS within the legal period their wish to [adresse e-mail supprimée] the standard form below completed by them:

This is for informational purposes only. For advice or assistance with French translation, please consult a professional translator.

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of [the professional inserts here his name, his geographical address and his email address]:   

I/we () hereby notify you of my/our () withdrawal from the contract concerning the sale of the good ()/for the provision of services () below:

Ordered on ()/received on ():

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case of notification of this form on paper):   

Date:

This is for informational purposes only. For advice or assistance with French translation, please consult a professional translator.

In the event of exercising his right of withdrawal by the Buyer, he must return, within 14 (fourteen) days, the Work in perfect condition, in its original packaging and shipped under conditions identical to its sending. Only the price of the Work will be refunded by the Artist to the Buyers, the round trip shipping costs remaining their responsibility.

In any event, OBRAS will ensure to remind the Artists of their obligations as seller of the Works and in particular their contractual obligations relating to the delivery of the Works.


Article 7: Liability

OBRAS undertakes to provide the Services with diligence and in accordance with the rules of the art, it being specified that it is under an obligation of means, to the exclusion of any obligation of result, which the Buyers expressly acknowledge and accept.   

OBRAS's liability cannot be engaged for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses.   

By accepting these General Conditions, Users as well as Buyers declare that they are fully informed of the characteristics and constraints of the Internet.

Buyers declare that they are solely responsible for the information they provide as part of their registration on the Site as well as for the use they make of the Services.

This is for informational purposes only. For advice or assistance with French translation, please consult a professional translator.

It is up to any User and Buyer to take all appropriate measures so as to:

  • protect against any possible attack their own data and/or software stored on the computer equipment that they connect to the Site,

  • be able to assess whether they are in the presence of a manifest error as to the information displayed on the Site (by sending a message via the contact form) so that any useful verification can be carried out, to correct, if necessary, the erroneous information.

OBRAS's liability to Buyers can only be engaged for facts that are exclusively attributable to it and that cause them harm directly related to these facts. It cannot be engaged for indirect and unforeseeable damages at the date of occurrence of the damage. OBRAS's liability cannot be engaged either due to the misuse of the Service by Buyers or any fault (whether contractual or tortious) on their part.


This is for informational purposes only. For advice or assistance with French translation, please consult a professional translator.

Absolutely! Here is the English translation of the provided text:

Article 8: Sanction of breaches

In the event of a breach of one of the obligations of these General Conditions or violations of laws and regulations by the Customer and/or a User, OBRAS is entitled to:

  • Suspend or delete access to the Services to the Buyer responsible for the breach or having participated in it
  • Delete any content related to the breach or violation
  • Take all appropriate measures and initiate any legal action
  • Notify the competent authorities and cooperate with them

Article 9: Protection of personal data

Users and Buyers undertake to read and accept the privacy and security policy relating to their personal data implemented by OBRAS.

Article 10: Applicable law - Mediation - Attribution of jurisdiction

These General Conditions are governed by French law.

Buyers may, in the event of a dispute relating to the use of the Services, have recourse to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these 1 General Conditions, as provided for in articles L.611-1, R.612-1 and following of the Consumer Code.   

To this end, Buyers may use the following consumer mediator:

In the absence of an amicable agreement, the Courts of the jurisdiction of the Court of Appeal of Paris will be competent.