Terms of Sales
1 - Seller identification
(according to the Law n ° 2004-275 for Confidence in the Digital Economy)
http://www.art-webgallery.com ">website: http://www.art-webgallery.com
Edition
vvWebsite - 8, rue de la Motte Blanche - The train station - 17290 Le Thou
tel: 33 (0) 6 73 71 35 66
vvWebsite - Micro-enterprise
Siret number: 50432845100019
APE code: 6201Z
Publication Director
Vivian Véteau
2 - What are the General Terms of Sale for?
The online store of the site "Art-WebGallery" was set up by the company "vvWebsite", which is the operator of this site. Any purchase made on the online store of the website www.art-webgallery.com requires prior consultation of these terms and conditions. Accordingly, the buyer acknowledges that he is fully aware that his agreement concerning the content of these terms and conditions does not require the handwritten signature of this document, insofar as the buyer wishes to order online the works presented as part of the shop of the website. The buyer has the option to save or edit these terms and conditions, it being specified that both the backup and the edition of this document are his sole responsibility.
The buyer declares to have full legal capacity to engage under these terms and conditions.
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept without reservation all the provisions of these terms and conditions.
These General Conditions of Sale define the conditions under which vvWebsite sells works of art presented on its site and the rights and obligations of the buyer in this regard.
The fact for the buyer to fill a purchase order on the site Art-WebGallery and to confirm this order implies full acceptance of these terms and conditions, which, added to the order form, constitute the sales contract.
3 - Information about the works
3-a: The company "vvWebsite" presents on its website works for sale with the necessary characteristics that allow to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential buyer to know before the final order taking the essential characteristics of the work he wishes to buy.
3-b: The offers presented by the company "vvWebsite" are valid only in the limit of availability of works.
4 - Prize for the works
Prices are in euros. For France and member countries of the European Union, prices are inclusive of all taxes (VAT) and are valid only on the date of sending the order form by the buyer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. Payment of the full price must be made when ordering. At no time, the sums paid cannot be considered as a deposit or installments.
5 - Create an account and order on Art WebGallery
To be able to order a work on Art WebGallery, the buyer must first create a customer account. This creation is free and allows you to benefit from privileged services. For this purpose, you must complete, following the instructions provided online, the form available on the site.
To make your order, simply select the work and "click" on the button to validate the order: you then fill out the order form also available to you. This purchase order contains the identification, the characteristics and the total price of the work, as well as the method of payment that you must choose. You must then confirm your order by "clicking" on the icon provided for this purpose.
This confirmation entails the conclusion of the contract of sale of the artwork that you have ordered, provided that vvWebsite confirms your order (hereinafter the "Agreement").
vvWebsite confirms receipt of your order by sending an email after checking the availability of the work and validation of the payment. Validation of payment occurs after the agreement of the authorization center in case of payment by PayPal or after cashing your check in case of payment by this means.
6 - Methods of settlement
You make your payment directly on the secure PayPal website; otherwise it is possible at the end of the order process to choose to pay for your purchases by other means:
- by check from a French or European bank; the check must be made in euros, to the order of vvWebsite and sent to the following address:
vvWebsite
8 rue de la Motte Blanche
17290 Le Thou
France
Do not forget to include your email address on the back of the check as well as the number
6 - Methods of settlement
You make your payment directly on the secure PayPal website; otherwise it is possible at the end of the order process to choose to pay for your purchases by other means:
- by check from a French or European bank; the check must be made in euros, to the order of vvWebsite and sent to the following address:
vvWebsite
8 rue de la Motte Blanche
17290 Le Thou
France
Do not forget to indicate your email address on the back of the check and the number of your order.
The price indicated on your purchase order corresponds to the total amount of which you are indebted. It includes the price of the work, packing and transport costs, taxes and delivery.
Nota bene: the buyer is always informed before final registration of his order of delivery charges, taxes and customs related to his order, the payment is included in the total amount of the purchase (including the price of the works, plus delivery costs). Thus, the confirmation of payment agreement of the order by the buyer implies that the latter agrees to pay the delivery costs included in the price indicated. The delivery costs can not constitute a valid reason for questioning the order after its final registration.
The buyer guarantees the company vvWebsite that it has the necessary permissions to use the method of payment chosen by him, during the validation of the order form. vvWebsite reserves the right to suspend any order management and any delivery in case of non-payment. vvWebsite specifically reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid a previous order or with whom a payment dispute is being administered.
7 - Order Confirmation – Invoicing
A confirmation of your order reaches you after reception of your payment by PayPal or by check; this document includes a billing number that acts as an invoice.
8 - Proof of the transaction
Computerized records, stored in vvWebsite's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
9 - Delivery time
The delivery will be made to the delivery address you indicated when opening your account on Art WebGallery, within an average of 15 days from the date on which vvWebsite has confirmed your order.
Delivery delay:
|
Geographic Zones |
delay |
|
France Métropolitaine |
24 heures (Chronopost) |
|
Union Européenne |
5-7 jours (UPS standard) |
|
Europe hors Union Européenne |
2-4 jours (UPS Express) |
|
Amérique du Nord & Caraïbes |
2-4 jours (UPS Express) |
|
Amérique du Sud & Centrale |
6 jours (UPS Express) |
|
Océanie |
3-5 jours (UPS Express) |
|
DOM-TOM |
3 jours (Chronopost) |
|
Asie |
6 jours (UPS Express) |
|
Afrique |
6 jours (UPS Express) |
Delivery times are given in good faith and without obligation on the part of vvWebsite who will accept no claim for compensation or penalty.
10: Terms of delivery
The transfer of risks concerning the purchased works of art takes place as soon as they are handed over by the artist to the carrier.
The risks reported to the work are transferred to the buyer upon delivery of the work.
Postage and packing: the calculation of the amount of postage and packing will be established automatically according to the weight of works and the destination of the delivery.
The works are delivered to the address indicated by the consumer on the order form. The buyer is required to check the condition of the packaging of the work on delivery and report the damage due to the carrier on the delivery order, as well as vvWebsite, within one week. The buyer can, at his request, obtain the sending of an invoice to the billing address and not the delivery address by validating the option provided for this purpose on the order form.
The delivery note must be signed by the buyer himself, which serves as evidence in case of complaint by the buyer. The buyer is responsible for bringing to the attention of the carrier any reservation (damage, defect ...) on the content of the delivery and inform vvWebsite by email within 3 days after receipt.
11: Delivery Issues
a- It is up to the buyer, in case of default or damage, to express precise and detailed reservations with the carrier, at the time of delivery and at the latest within three days (holidays excluded) by mail or
b- Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, damaged work ...) must imperatively be indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the customer.
c- The buyer must confirm this anomaly by sending the carrier within two business days following the delivery date a registered letter with acknowledgment of receipt exposing the said claims. The buyer must send a copy of this letter by fax or by mail to:
vvWebsite
8, rue de la Motte Blanche
17290 Le Thou
d- Any complaint made after this period will be rejected.
e- No return will be accepted in port due
f- Any claim not made in the rules defined above and within the time limits cannot be taken into account and release vvWebsite any responsibility towards the consumer.
g- Upon receipt of the complaint, vvWebsite agrees to take back and refund the damaged work. The exchange of a work can only take place with the agreement of both parties.
h- In case of return or exchange, the work to be exchanged or refunded must be returned to vvWebsite in its entirety and in its original packaging, in Colissimo Recommandé, at the address above.
12 - Satisfied or refunded
In accordance with Article L.121-16 of the Consumer Code, you have a period of 7 days from the delivery of your order to return the work ordered to exchange or be refunded, without penalties. Shipping costs (A / R) and risks relating to the return of a work are the responsibility of the customer.
If this period expires on a Saturday, Sunday or a non-working day, it is extended until the next business day.
13 - Right of withdrawal
The consumer has a period of 7 working days to return, at its expense, the works do not suit him. This period runs from the day of delivery of the order to the buyer. If this period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day.
The work must be returned by Colissimo Recommended to vvWebsite, at the address above.
Only the works returned as a whole, in their original packaging intact and intact, and in perfect condition for resale. Any work that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, except for the costs of return. In the event of the exercise of the right of retraction, the consumer has the choice to ask for either the refund of the sums paid, or the exchange of the product.
In the case of an exchange, the return will be at the expense of the buyer.
In case of exercising the right of withdrawal, vvWebsite will make every effort to reimburse the consumer within 15 days.
The consumer will then be reimbursed by credit from his PayPal account (secure transaction) in case of payment by PayPal, or by check in other cases.
14 - Rights in the work and property
The artist, for having taken the initiative of its creation, remains the owner of the copyright on its creation, within the meaning of the French law. The rights of representation and reproduction of works on the Art WebGallery site belong to their authors and to vvWebsite. Their joint authorization is necessary for any exploitation of these rights.
The rights attached to the work are transferred only to the total payment of the work to vvWebsite. The author and vvWebsite are granted to jointly hold the rights of representation and reproduction.
The rights of the purchaser in the purchased work are limited to a right of private use, excluding any right of representation and reproduction.
15 - Authentication of the purchased work
All works presented on the Art WebGallery site are original works that come directly from the artists' studio. An invoice, receipt or bill containing in particular the specifications provided at the time of the placing of the order and concerning the nature, the composition, the origin and the oldness of the work, will be provided on simple request of your part.
Conformity of the order
The delivery note will prove its content. All works are sold on the website Art WebGallery with a detailed description of them including the support, the number of draw, the origin of the work and any other known item specific to each work. The work may be returned if the content of the delivery does not correspond to the slip.
16 - Confidentiality of data
We guarantee the confidentiality of the information you transmit to us.
The information you provide on Art WebGallery, in the account creation form and your purchase order, or by any other means, may be the subject of computerized processing to allow the processing of your file, the security of payments, the shipment of the commissioned work and the setting up of commercial actions. This information may, therefore and exclusively for the aforementioned purposes, be communicated, in France and abroad, to public bodies or private companies.
By confirming your order, you authorize us to distribute them under these conditions.
In accordance with the law n ° 78-17 of January 6, 1978 (Data processing and Freedoms), you can access this information, ask for their modification or rectification or require to no longer appear in our database.
The security and confidentiality of your bank details are guaranteed by PayPal, the data you enter are directly entered on their site when ordering and not communicated to vvWebsite.
17 - Case of force majeure that may affect the contract
Neither party will have failed in its contractual obligations, to the extent that their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered fortuitous event or force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, independent of the will of the parties and cannot be prevented by the latter, despite all efforts reasonably possible. The party affected by such circumstances will notify the other party within ten business days of the date on which it became aware. The two parties will then approach within one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party. In accordance with Article 1148 of the Civil Code, expressly, are considered as force majeure or fortuitous events, besides those usually retained by the case law of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunication networks or difficulties specific to external telecommunication networks to customers.
18 - Your guarantees
vvWebsite agrees to comply with all legal warranties you may have.
As the works presented on the Art WebGallery website comply with the requirements of French law, vvWebsite cannot be held responsible for the violation of the legislation specific to the country of delivery of the work. Therefore, we invite you to read the law in force in the country of delivery.
19 - Applicable law
The Contract is governed by French law. Any difference arising from the formation, interpretation, execution of the Contract, shall be subject to the exclusive jurisdiction of the Courts of La Rochelle.
Our services are open to people with the legal capacity to contract under applicable law. In particular minors are not allowed to have access to our online sales services. Only the French text of these conditions of sale will prevail. Translations into other languages are only informative. If any provision hereof is considered void by a court of competent jurisdiction, such invalidity shall not affect other provisions which shall remain in full force and effect. The fact of not exercising a right recognized herein cannot constitute a waiver of this right.
You may not assign or transfer these Terms and Conditions or any right of access to the Site.