Terms of Sales
TERMS OF SALES
Last updated May 1st, 2021
The Site is operated by the company ART PRINT COLLECTOR SAS registered with the RCS of Paris under number 899 457 576, whose head office is located at 81 rue Lauriston 75116 Paris, France.
The purpose of the artprintcollector.com website is to promote the works of artists (hereinafter the “Sellers”) to art lovers (hereinafter potential “Buyers”), and gives them the opportunity to discover and buy them online through artprintcollector.com.
The purpose of these general conditions of sale is to define the terms and conditions for the online sale of Works present on the site, and to define the rights and obligations of the parties in this relationship. They are accessible and printable at any time by a direct link at the bottom of the page of the Site. Sales made through the Site are concluded directly between the Buyer and the Seller.
Art Print Collector acts as an intermediary within the sole framework of the provision of the Site allowing the connection of Sellers and Buyers. The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 – Principles
These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. They are accessible on the Art Print Collector website and will prevail, where applicable, over any other version or any other contradictory document. Art Print Collector and the buyer agree that these general conditions exclusively govern their relationship. Art Print Collector reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
Article 2 – Pre-order
The potential “buyer” acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221-5 of the Consumer Code. The artworks are offered for sale on the Site, subject to their availability and are accompanied, in a clear and understandable manner, by the following information :
– the essential characteristics of the property ;
– the dimensions,
– the support,
– the price. It does not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order, However, if errors or omissions may have occurred in this presentation, the Site cannot be held liable. The photographs of the works are not contractual.
Article 3 – Order
To order a Work, the Buyer must select the Work of his choice, place it in his basket and fill in the necessary information about him for the order (or identify himself, if he has a User account).
Before confirming his order, the Buyer must check the information contained in the order summary, and has the opportunity to correct any errors in the items entered, as well as to take note of the delivery costs. In the event that the Work is no longer available, an email informing the Buyer will be sent within 48 hours, resulting in the cancellation of the order.
Article 4 – Order confirmation
The sale will be considered final : – after sending to the buyer the confirmation of the acceptance of the order by Art Print Collector by e-mail ; – and after receipt by Art Print Collector of the full price.
Any order implies acceptance of the prices and description of the products available for sale. In certain cases, in particular non-payment, incorrect address or other problem on the buyer’s account, Art Print Collector reserves the right to block the buyer’s order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can send an email to the seller at the following email address : firstname.lastname@example.org.
Article 5 – Proof of the transaction
The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 6 – Method of payment
This is an order with an obligation to pay, which means that the placing of the order implies payment by the buyer in its entirety. To pay for his order, the buyer has his choice of all the payment methods made available to him by the Site via Stripe. The different possible delivery methods and the related costs are indicated at the time of the order summary. Delivery and packaging costs depend on the nature of the work, its dimensions, its weight, and the place of delivery. The transfer of ownership occurs once the full price has been paid by the Buyer. In the event of non-payment of the full price, the sale will be automatically canceled, and the work put back for sale on the Art Print Collector site.
Article 7 – Terms of delivery (via Colissimo or DHL)
The work is delivered to the address indicated by the buyer on the order form and according to the terms provided by the delivery provider determined during the order, the buyer must ensure its accuracy. Any package returned to Art Print Collector because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the parcel to be collected at the place and time indicated. If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the work. If it is damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damaged work, damaged package …). This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip. The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item (s) and send a copy of this letter by simple mail to the address indicated in the legal notices of the site. If the work needs to be returned, it must be the subject of a return request and returned to Art Print Collector within 14 days of delivery as a whole and in its original packaging, by registered parcel with acknowledgment of receipt, at the following address : 81 rue Lauriston, 75116 Paris. Any complaint made after this deadline cannot be accepted.
Article 8 – Right of withdrawal
Pursuant to Article L.121-21 (Law of 17 March 2014 on consumption) of the Consumer Code, the Buyer has a period of 14 days from the delivery of the Work to implement its right of withdrawal from the Seller. The Buyer exercises his right of withdrawal from Art Print Collector by sending an email to the following address email@example.com. Works returned damaged or soiled by the Buyer will not be taken back or refunded, Art Print Collector reserving this choice at its sole discretion. The return costs are the responsibility of the buyer.
Article 9 – Legal guarantees
Art Print Collector undertakes to respect and implement the legal guarantees from which the Buyer benefits, namely: the guarantee of non-compliance and the guarantee of hidden defects.
Article 10 – Force majeure
The existence of a case of force majeure may suspend the execution of the contract or, if it is final, result in the resolution of the sale. Expressly, are considered as force majeure or fortuitous events, those usually retained by the case law of French courts and tribunals, i.e. an event beyond the control of the debtor, which could not be reasonably foreseen when the contract was concluded and for which the effects cannot be avoided by appropriate measures The party invoking Force Majeure must immediately notify the other party, as well as of its disappearance.
Article 11 – Intellectual property
The content of the website remains the property of Art Print Collector, the sole owner of the intellectual property rights on this content. Buyers agree not to make any use of this content ; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
Article 12 – Data processing and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices. They can be communicated to the partners of Art Print Collector responsible for the execution, processing, management and payment of the order. Art Print Collector has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the modalities defined on the Art Print Collector site.
Article 13 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope.
Article 14 – Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 15 – Langage of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 16 – Applicable law
These general conditions are subject to the application of French law. The competent court is the judicial court.
Withdrawal form (to be completed by the consumer, and send by registered letter with acknowledgment of receipt, within a maximum period of 14 days following the date of conclusion of the service contract)