Art Gallery AR
NEXDNA SAS - Art Gallery AR
48 rue du Poteau,
75018 Paris, France
Phone: + 33 (0) 767 88 49 72
RCS PARIS: 821 077 732
The Art Gallery AR platform, also called Service or Site is governed by these Terms and Conditions and accessible by the following url: https://goodsimesar.com
It is operated by NEXDNA SAS, hereinafter referred to as the “Company”, the "Site" or “Art Gallery AR”, in compliance with French laws.
By using the Site, you acknowledge having read and accepted these conditions. These may be modified at any time and without notice by the Company. The Company can in no way be held responsible for the misuse of its services.
§1. Field of Application – Introduction
The Terms and Conditions below govern the contractual relationship between NEXDNA SAS, which owns the Art Gallery AR platform, 48 rue du Poteau, 75018 Paris, France, and the customer. user of our platform.
Art Gallery AR provides its services and deliveries solely on the basis of these Terms and Conditions.
Art Gallery AR may occasionally modify some of the provisions of its Terms and Conditions, so it is necessary that they be reread before each visit to the site https://artgalleryar.com (hereinafter referred to as the "Site") which may be consulted both through a web browser and/or our iOS and Android mobile applications.
We consider that by validating your order, you have read and unreservedly accept our Terms and Conditions. By accessing the site, you agree to comply with the Terms and Conditions as well as the Conditions of Use contained therein.
§2. Protection of Personal Data
Art Gallery AR has been the subject of a CNIL declaration in accordance with the law n ° 78-17 of January 6, 1978 modified, relating to data processing, files and freedoms, under the receipt number 2225385.
The information you provide to us is essential for the processing and delivery of your orders, the establishment of invoices and warranty contracts, their absence therefore leads to the cancellation of your order.
By registering on the Site, you undertake to provide us with sincere and true information about yourself. The communication of false information is contrary to these Terms and Conditions as well as to the Conditions of Use appearing on the Site.
Art Gallery AR is authorised to collect, process and use information about you. These data are subject to computer processing. You have a permanent right to access and rectify all data concerning you, in accordance with European texts and national laws in force (article 34 of the law of January 6, 1978).
You can at any time make a request to Art Gallery AR to find out what information we have about you. You can at any time and without request modify your data with the exception of your delivery address during the delivery phase of an order in progress. You can contact us if necessary to find out if your order has already left via the support section of your account.
If you accepted it when you identified on the Site, promotional emails (electronic mail) offering you new products, promotional offers, exclusives, bargains, etc. will be sent to you. You can request to no longer receive e-mails from us at any time by clicking on the link provided for this purpose and inserted at the bottom of the page of each of the e-mails that we will send you.
Art Gallery AR is the sole holder of information about you. If you accepted our Terms and Conditions of sale GTC when you first identified on the Site, you also accept that Art Gallery AR and its partners of the NEXDNA family of services send you information within the framework of specific and punctual promotional operations.
NEXDNA includes the Art Gallery AR, GoodTimes AR and SuperFans AR platforms. These platforms are all developed and operated by NEXDNA with not only a concern for the quality of our products and services but also to better be able to preserve the security of transactions and data of our customers and partners.
You can, at any time, request to no longer receive e-mails from any of the platforms.
By uploading your content to our platform, you declare that you are the owner of the copyrights.
By uploading your images and videos, you also assure Art Gallery AR that no third-party rights oppose the use of the images or videos used on our platform.
Art Gallery AR does not hold the right to use the images received on our platform and is only authorised to use them and/or sell them to other customers as products if the user who uploaded them and owns the copyright chooses that option on a "per product" basis.
All information, content, files and programs offered by our services are protected by national and international laws concerning intellectual property and copyright.
Art Gallery AR can in no way be held responsible for the violation by a user of rights held by third parties and perpetrated as a result of the latter's activities on the Site.
The trademarks, logos and any other distinctive sign appearing on the Site are the property of Art Gallery AR or its business partners, and may not be used in any way and in any form whatsoever without the prior written authorization of Art Gallery AR. In particular, the name "Art Gallery AR" like any other distinctive sign containing the "Art Gallery AR" brand, cannot be used as a domain name or even part of it, for third-party sites, without the prior written authorisation of Art Gallery AR.
We respect everyone's intellectual property rights. It is our policy to respond to any claim that content posted on the Service infringes any copyright or other violation of any person's intellectual property.
If you are a copyright owner, or authorised on its behalf, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that occurs through the Service, you must submit your notification in writing to us through the support function of your account or by email to firstname.lastname@example.org and include in your notification a detailed description of the alleged infringement.
You may be liable for damages (including costs and attorneys' fees) for falsely stating that content infringes your copyright.
§4. Content - Display on Your Wall
Our service allows users to post projects they have already purchased on their wall and share them with their selected family members and friends.
When a project is validated and invoiced, the User accesses the project from his account and can publish it on the wall of the account. In doing so, users have the option to choose to keep the content private for themselves only, or expand the audience to "Family" or any other "selected group" created by the user or simply become fully "public" with the following settings:
- "PRIVATE" means that only the initial group of three (3) devices registered under your account will be allowed to download and view your project's AR content and enjoy free unlimited views. Only the User will be able to see this specific content on his wall.
- "FAMILY" is a special group of 5 devices who are allowed to download and view your project's AR content. The 5 Users associated with "Family" devices will also be able to view this specific content when it will be posted on the wall. The first 3 views are free and subsequent views are charged a nominal amount of 1 cent (0.01€) per view.
- "BY GROUP NAME" implies that members of the group configured by User will also be able to view this specific content when it will be posted on the wall. The first 3 views are free and subsequent views are charged a nominal amount of 1 cent (0.01€) per view.
- "PUBLIC" implies that anyone who browses your wall via a link shared by any User will be able to see that content on your account wall. The first 3 views are free and then a message prompting user to buy item will pop up. Alternatively, the account holder can request unlimited public views for any specific item and get billed a nominal amount of 1 cent (0.01€) per view.
Although we strive at every step of the process to keep your content private starting with a completely "PRIVATE" default setting, if you choose the "PUBLIC" setting for your message, you grant us the right and license to use , modify, publicly perform, display, reproduce and publicly distribute such content on and through the Platform. You retain all of your rights to any Content that you submit, post or display on or through the Service and you are responsible for protecting those rights.
You agree if your Content is on "PUBLIC" that you grant us the license and the right to make Your Content available to other Users of the Service.
Users are fully responsible for the Content of the projects they post on the platform, including its legality and appropriateness.
§5. Content Restrictions
You expressly understand and agree that you are solely responsible for the content and all activities that occur under your account, whether by you or any third party using your account. You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable.
Examples of such objectionable content include, but are not limited to, the following:
- Illegal or promoting illegal activities.
- Content that is defamatory, discriminatory or mean-spirited, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin or other targeted groups.
- Spam, machine- or randomly-generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
- Containing or installing viruses, worms, malware, Trojan horses or any other content designed or intended to disrupt, damage or limit the operation of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access authorised to data or other information of a third party.
- Infringe any party's proprietary rights, including patents, trademarks, trade secrets, copyrights, publicity rights, or other rights.
- Impersonate any person or entity, including the Company and its employees or representatives.
- Violate a third party's privacy.
- False information and characteristics.
Art Gallery AR reserves the right, but not the obligation, to determine, in its sole discretion, whether any Content is appropriate and complies with these Terms, to refuse or to remove such Content.
Art Gallery AR further reserves the right to format and edit and modify the manner in which any Content. It may also limit or revoke use of the Service if you post such objectionable content.
Although the Art Gallery AR Platform is geared towards family-friendly services, users understand that by using the service they may be exposed to content that they may find offensive, indecent, incorrect or objectionable, and they agree that in no event shall Art Gallery AR be liable. in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind arising from your use of any content.
You agree to use the Service at your own risk.
§6. Customer Content Obligations
The processing of image and video data provided by the customer is carried out as part of a technical process with verification and if necessary manual correction by the Art Gallery AR team.
Please note that if the images do not match the aspect ratios or orientation of the videos you upload, our team will need to crop the images to match the videos both in orientation, size and aspect ratio.
You can also, thanks to our indications available during the download, provide images that correspond to the parameter required for a correct functioning of the final product.
Note that although we offer paper sizes ranging from A4 to A0, we print images with margins for several reasons. The first is to respect the proportions of the original videos uploaded. The second is to ensure that even if you decide to frame the print, the full image will remain visible for optimal camera scanning and better AR results. The last point is that we also believe that any image can benefit from leaving an artistic breathing space at the border of media. You can choose to upload and create projects in the original format of your video (4K minimum) or decide to crop it to fit the ISO format, that is, the same ratio as the paper. The products available for purchase are displayed as they are printed, with the chosen margin.
See image requirements per print size below. Please note that resolutions are rounded and your images will be cropped to match the video ratio you uploaded. In any case, you should always validate the results before printing.
The videos can also be edited to make the transition between the printed image and the video that it triggers in superposition thanks to the augmented reality function provided by our application. Although Art Gallery AR may alter your content by cropping photos or editing videos, we do not claim or require copyright for derivative works. The copyrights of the photos and videos used remain yours.
The on-screen information during uploads guides the process of creating an AR project and provides information on the required parameters of your photo and video content in terms of resolution and file size.
In any case, the project is always subject to customer validation before being available for orders. It is therefore up to the customer to check that the project is satisfactory and to approve it before ordering. The main, mandatory close examination and validation is the image that will be printed.
By uploading the files, the customer affirms that he has the necessary rights to disclose and reproduce the content and materials of these files. The customer guarantees that the contents and materials of the transferred files do not conflict with applicable law.
§7. Content Backups
Although regular backups of the Content are made, the Company does not guarantee that there will be no loss or corruption of data. Corrupted or invalid save-points can be caused by, but are not limited to, content that is corrupted before being saved or that changes while a save is being performed.
The Company will provide support and attempt to resolve any known or discovered issues that may affect Content backups. But you acknowledge that Company has no responsibility for the integrity of the Content or the failure to successfully restore the Content to a usable state.
By using our Service, You agree to maintain a complete and accurate copy of all Your Content in a location independent of the Company.
§8. Automatic and Manual Verification of Files
The Art Gallery AR system automatically checks the compatibility in terms of format, size and resolution of uploaded images and videos.
In case of non-compliance of the uploaded file, the system informs the User to provide the content in the expected format, size and resolution. In the event that the automatic verification does not make it possible to detect the non-compliance of the files and after verification by our operators, the User is notified and invited by e-mail and within his account, to submit a new file. Note that this process postpones the validation of the project and its delivery time.
§9. Operator File Processing
While uploading the files, Art Gallery AR performs additional editing of your content, including cropping your images and editing videos to produce the video used in the AR overlay.
Our operators will first check each project to establish the suitability of your photo for printing before proceeding with the editing of the video.
The images must be at the same ratio as the videos. Depending on the resolution of your image, we are able to print your image up to A0 size. See requirement below.
Image requirements per print size:
|Format||DPI||Width x Height, px||MegaPixels|
- Video editing (min/max + fade)
We only accept HD videos from 720p and above, 1080p, 4K and 8K.
§10. View Counts
While the User and the 3 devices in the "PRIVATE" group get unlimited views, all other devices and views of from other users are counted, displayed in the user's dashboards and charged at the end of the month.
§11. Project Flow
From the choice of portrait or landscape to the size of the prints, the user is guided through the process of creating an AR Print project using information screens always available during this process.
Once the image to be printed is uploaded, it displays at its actual size on your screen so that you can make the final decision whether to print the project or edit the image for a higher resolution if needed.
Once the project is submitted to Art Gallery AR, our operators will optimize the files by ensuring that the cropping is correct, then editing the still image with the uploaded video through video editing software. This is not an automated process as we believe it requires the attention to detail of our operators.
Ultimately, the User is entirely responsible for checking the content, spelling and visuals of the uploaded files and validating the project for printing.
Once a project is submitted, it can be processed by our operators at any time and generally within 48 hours. You can cancel your project at any time, but if you cancel 3 projects in a row while they are in process or do not approve 3 times in a row or any combination of 3 project cancellations, your account may be temporarily suspended for review to avoid congestion of operators and not penalize other customers.
§12. Creators Content & Promotions
While prices are predominantly set by Content Creators, we reserve the right to give discount during promotions of up to 20%. This results in reduced commissions for the Content Creators but over all generate more sales during the periods during which we hold those promotions.
§13. Creators Content Self-Printing
As a service to our professional account holders, a suite of tools are made available including the ability to print their own content and sell it in any manner they choose such as at events they attend or maybe as products on different platforms. Each Print has a unique QR code associated with it, primarily to verify ownership of AR Print and allow for more than 3 previews but also to track wether a print is done by our services or by the Content Creator.
When buying a print that is not ordered from our platform and printed directly by the content creator, the Company can not be held liable for the quality of the print. Our tools for reclamations are however still available to resolve any issue. Content creators are required to resolve every issue or risk having their account be suspended.
§14. Services & Products Information
Art Gallery AR strives to put online all information relating to the processes and characteristics of our services and products thanks to the technical descriptions and information bubbles always available during your interaction with our Site.
§15. Placing an Order
Simply navigate the service or product you want to purchase and follow the instructions that will guide you through to place your order. Our website: https://artgalleryar.com and mobile applications are available 24/7.
§16. Product Availability
We will honor your order within the limits of our available production capacity, which may lead to delivery delays.
In the event that we cannot avoid a delay in your delivery, we are committed to contacting you by email within 15 days from the date of your order to inform you and to indicate to you in which deadlines, your order could, if necessary, be delivered to you. You will also have the possibility of simply canceling your order if the delay seems too long to you.
We reserve the right not to process an order that may be considered contrary to our conditions of sale.
Your order will be delivered to the address you gave us when placing your order.
§17. Price and Terms of Payment
The selling prices indicated on the Site are in euros for international sales and therefore indicated excluding taxes and delivery costs.
VAT taxes are added at the end of the order depending on your choice of destination for your delivery. In France the VAT is 20%.
Any delivery costs are indicated to the user as they choose products and are invoiced to them at the end of the order in addition to the price of the selected products and VAT.
The purchase price is due immediately upon conclusion of the order and is debited in advance. The customer is authorized to pay by credit card or via Paypal. In the event of non-payment by the customer, or if Art Gallery AR becomes aware of facts calling into question its solvency, Art Gallery AR is entitled to cancel the order.
In the event of cancellation of credit card or Paypal account debits, Art Gallery AR reserves the right to charge processing fees, the amount of which will be defined on a case-by-case basis, unless the customer is not responsible for the cancellation. credit card debits or Paypal.
All shipping costs, in particular transport, transport insurance and delivery costs are borne by the customer. All prices and additional costs are calculated on the basis of the price lists in force on the Art Gallery AR Site at the time of preparation and dispatch of the goods.
We reserve the right to modify our prices at any time but we undertake to apply the prices in force which will have been indicated to you on the Site at the time of your order.
Any additional shipping costs due to an incorrect delivery address or recipient are the responsibility of the customer, unless he is not responsible for the incorrect information.
In relations between professionals, all goods or services must be paid for on the thirtieth day following the date of receipt of the goods or performance of the service (and not 30 days after receipt of the invoice). In addition, the period agreed between the parties to settle the amounts due may not exceed 45 days end of month or 60 days from the date of issue of the invoice.
You must provide Company with accurate and complete billing information, including full name, address, state, zip code, phone number, and valid payment method information.
If automatic invoicing fails for any reason, the Company will issue an electronic invoice indicating that you must manually proceed, within a certain period of time, to full payment corresponding to the invoicing period indicated on the invoice.
§19. Order Validated and Paid on the Site
Manufacturing times vary from 5 to 10 working days on average. The deadline can be higher depending on the order, if it is longer than 10 days we confirm the deadline with the customer. Similarly, if a manufacturing delay takes place we contact the customer to warn him.
Delivery times vary depending on the destination but are generally between 48 hours in France and 72 hours for Europe. These deadlines are given as an indication and do not take into account a possible delay of the carrier.
Art Gallery AR makes every effort to comply with the delivery times mentioned on the site. However, we cannot be held responsible for the consequences due to a delay in delivery or a loss of packages caused by a third party to the transport contract or by your fact or because of an unpredictable and insurmountable cause constituting a case of force major.
In the event of non -receipt of a package within the indicated time, an investigation is carried out with the carrier and can take several days (e.g. 21 days for La Poste). During this period, no refund or referral can be made.
If a delay in delivery is due to the customer himself (poor address, customer absent during delivery including the 15 days of storage to post for example, etc.), no refund of the order will be made and additional delivery costs will be the responsibility of the customer. In addition, Art Gallery AR is authorised to terminate the contract if the obstacle to the execution of the service is not temporary in nature, without having to provide compensation. During the duration of the obstacle, Art Gallery AR cannot be put in notice.
The purchase price already paid can be reimbursed in the event of termination of your order after receipt. To do this, we recommend that you check the compliance of the products delivered with your order and to indicate, if necessary, on the delivery slip and in the form of handwritten reserves accompanied by your signature, any anomaly concerning them. Without prejudice to applicable legal guarantees, we recommend that you send any reserve regarding the compliance defects of existing products on the date of delivery as soon as possible via your Art Gallery AR account or by email on the website.
Our team will assist you in the event of non-compliance or damage during transport, the user/customer will have the possibility of requesting the replacement of the product unless this leads to a obviously disproportionate cost compared to the damage noted in which case a partial reimbursement or complete depending on the damage will be operated.
When ordering you must enter the following information:
- Your address
- A mobile phone number
- A fixed telephone number
Note that for any order of an amount greater than a ceiling fixed by Art Gallery AR, an identity document as well as proof of address will be sent to us by email or mail. These measures are in a protective framework of our customers any fraud with a bank card.
In relations between professionals, as soon as payment of the invoice does not intervene within the time limit (period provided for in the contract and date of payment mentioned on the invoice or application of the additional 30 -day period), late penalties are late penalties are payable without prior notice.
The rate of these penalties appears on the invoice. It can be freely chosen by the parties but must not be less than three times the legal interest rate.
Between professionals, delivery times are freely negotiated and are indicated on the invoices.
§20. Refunds & Return Policy
In the EU, by article L 121-20 of the Consumer Code, you have the right to return purchases made on our site within 14 days for a full refund. You can do so for any reason – even if you simply changed your mind. We extend this rule worldwide.
If your item is defective or damaged and you need to exchange it for the same item, simply send us an email at email@example.com and, if applicable, we will proceed free of charge to an exchange.
Read more: Return Policy
§21. Right of Withdrawal
By article L 121-20 of the Consumer Code, you can return a product that you are not satisfied with. This right of withdrawal is exercised without difficulty, with the exception of shipping costs. You can within this period return this product, at your expense, accompanied by your invoice and the return form duly completed.
We recommend you to return the goods to us by registered mail and to take out insurance with the carrier for the market value of the products. This is particularly necessary in the event of theft or loss of this merchandise by their services. In all cases, the return is made at the expense of the customer. This right of return can only be accepted for products in their original and complete condition, in good condition.
Items returned incomplete, damaged, damaged or soiled by the customer are not taken back. In case of expertise of the product within the framework of the right of withdrawal, Art Gallery AR will do its utmost to reimburse the user as quickly as possible. This period will depend on the internal audit and financial intermediaries deadlines but will be a maximum of 3 weeks.
It is very important to note that this right of cancellation does not apply for the delivery of goods made to measure by Art Gallery AR at the request of the customer, specially adapted to his personal needs or whose characteristics make a return inappropriate.
§22. Contract. Contractual Services
The presentation of the services, in particular in prospectuses, in advertisements and on the Internet, does not constitute a binding offer on the part of Art Gallery AR.
Art Gallery AR reserves the right to deny customer requests on a case-by-case basis. Customer requests may be rejected, in particular when the order does not meet the requirements of Art Gallery AR or when the customer is recognised as a bad payer with a banking establishment.
§23. Retention of Ownership Clause
Art Gallery AR remains the owner of the goods delivered until payment of all debts already due or due to Art Gallery AR. If the customer has not fully paid for the desired product(s), Art Gallery AR is entitled not to carry out the requested order or, where applicable, to keep these products and not send them to the customer.
The data, diagrams, illustrations, technical characteristics, descriptions of weights, and dimensions indicated on our Site, prospectuses, catalogs, mailings, advertisements or price lists are given for information purposes only.
Art Gallery AR declines all responsibility for the accuracy of these indications. With regard to the type and volume of the delivery, only the details given in the order and in the order confirmation are decisive.
§24. Your feedback
You assign all right, title and interest in any Feedback you provide to Company. You agree to grant Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit these unrestricted comments.
§25. Account Suspension and Termination
We may suspend or terminate your account immediately, without notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms and Conditions.
Upon suspenssion, Your right to use the Service will be reviewed and, depending on Your subscription, may cease immediately. If You wish to terminate Your Account, You can simply request its termination and deletion in Your account settings. After verification of unpaid invoices, we will terminate your account and comply with the protocols in force.
§26. Limitation of Liability
Notwithstanding any damages you may suffer, the entire liability of the Company and any of its suppliers under any provision of these terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you via service or €50 if You did not purchase anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any provider has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some countries do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such countries, each party's liability will be limited to the fullest extent permitted by law.
The Art Gallery AR Services are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and its respective licensors and service providers, expressly disclaims all warranties, express, implied, statutory or otherwise, in with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties which may arise from course of dealing, course of performance, use or trade practices.
Without limiting the foregoing, the Company makes no warranties or representations of any kind that the Service will meet Your requirements.
Art Gallery AR prints are professionally packaged and should not suffer physical or color degradation, however, outdoors, no warranty is given as to color fading or water resistance of prints.
The designations and specifications defined at the conclusion of the contract correspond to the level of current technical knowledge at that time. Technical differences (in the cutout of the image, in the colors of the printing, etc.) between the delivered goods and the documents of the offer are permitted and do not constitute errors, as long as they are reasonable and the purpose of the contract is not materially limited.
Images to be cropped may differ slightly but not significantly from the prescribed dimensions. Slight commercially customary color differences on the printout may occur when the customer's monitor is configured differently and not set to actual color.
Black and white prints may have a slight color cast, which is customary in the trade.
§28. Applicable Law and Jurisdiction of the Courts
Amicable Dispute Resolution
These T&Cs and orders placed under these T&Cs are subject to French law. For any order from subjects who can be qualified as consumers, the standards in terms of consumer relations in force in the country of residence or domicile of the User must apply.
All disputes relating to the interpretation and/or execution of these Terms and Conditions and the orders issued in this context, will be the exclusive jurisdiction of the courts of Paris (France), in the event of a purchase made by a User who cannot be qualified as a consumer; either the court of the domicile or domicile of the User, in the case of purchases made by a User who can be qualified as a consumer.
European Union Consumers
Consumers residing in the European Union should know that the European Commission has developed an online platform offering an amicable dispute resolution tool. This tool can be used by any European consumer in order to resolve, without the intervention of the courts, any dispute relating to and/or arising from contracts for the sale of goods and services mentioned online. Therefore, if he is not satisfied with the resolution offered by Art Gallery AR, any User making a purchase as a consumer can use this platform to resolve any dispute related to the contract concluded online with Art Gallery AR. This platform is accessible by clicking on the following link: